GHATGE PATIL INDUSTRIES LTD Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED
LAWS(ET)-2014-7-14
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on July 18,2014

Ghatge Patil Industries Ltd Appellant
VERSUS
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED Respondents

JUDGEMENT

- (1.) M/s. Ghatge Patil Industries Ltd. (GPIL), with two sister concerns (M/s Aditech and M/s Metal Finishers and Engineers), all of Uchagaon, Tal. Karvir, Dist. Kolhapur have filed a Complaint on 9 December, 2013 seeking that the concerned MSEDCL Officers be penalised under Sections 142 and 146 of the Electricity Act (EA), 2003 for contravention of the MERC (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2006 and the Commission's Orders relating to Continuous Tariff and Non -Continuous Tariff.
(2.) The Complainant's prayers are as follows: ...[VERNACULAR TEXT COMITTED]...
(3.) The Complainants have submitted that, a) They are HT industrial consumers of MSEDCL. Their details are: a) M/s. Ghatge Patil Industries Ltd., Consumer No. 266549100040, Contract Demand (CD): 10000 kVA; b) M/s. Aditech, Consumer No. 266549006100, CD: 800 kVA; c) M/s. Metal finishers and Engineers, Consumer No. 2665499401317, CD: 500 kVA b) GPIL is a foundry industry, and the two other Complainants are sister concerns. All three industries are on the same 33 kV express feeder. c) There are two tariff categories for HT industrial consumers from October, 2006, namely HT -I -C and HT -I -N. The consumers have a choice to opt for either as per Commission's Order in Case No. 44 of 2008. Accordingly, MSEDCL has issued a Commercial Circular No. 88 on 26 September, 2008. d) The Complainants were in the HT -I -C category till July, 2012. The Commission passed a Tariff Order on 16 August, 2012. For the purposes of implementation and in pursuance of this Order, MSEDC issued a Commercial Circular on 5 September, 2012. The Complainants applied to MSEDCL on 3 October, 2012 for change of tariff category to HT -I -N. e) MSEDCL has approved the change of category to these industries from April and May, 2013 respectively instead of 1 August, 2012. f) This is contradictory to the Commission's Order as well as MERC (Standards of Performance of Distribution Licensees, Period for Giving Supply and Determination of Compensation) Regulations, 2005. The billing as per HT -I -C category for the intervening period is illegal, and hence action is sought under Sections 142 and 146 of EA, 2003 against the errant officers of MSEDCL. g) The excess recovery should be refunded or adjusted, with interest. ;


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