- (1.) M/s. Classic Citi Investments Pvt. Ltd. (CCIPL) has filed a Petition on 28 May, 2013 under Section 86(1) (f) of the Electricity Act (EA), 2003 read with R. 32 of the MERC (Conduct of Business) Regulations, 2004. The Petition seeks reimbursement of excess Voltage Surcharge collected by the Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL), in accordance with Order dated 5 March, 2010 in Case No. 71 of 2009 which permitted MSEDCL to levy low Voltage Surcharge of 2% on units billed for supply at voltages lower than specified in the MERC (Standards of Performance of Distribution Licensees, Period for Giving Supply and Determination of Compensation) Regulations, 2005 ("SoP Regulations").
(2.) The Petitioner's prayers are as follows: a) Refund the excess charges collected from the Petitioner as detailed in ANNEXURE P -5 along with electricity duty, tax on sale, Fuel and Other Cost Adjustment FOCA and other applicable charges which were levied thereon: b) Not to collect the Voltage Surcharge during the pendency of this Petition as also in future for any Open Access transactions; c) Grant the cost of this Petition, including the Court Fee paid by the Petitioner; d) Pass such other order/s to meet the ends of justice and equity."
(3.) The Petitioner, CCIPL, has submitted that: a) It is a consumer of MSEDCL, with its installations having connected and contracted demand of 4968 kVA and 4400 kVA respectively. b) It is presently connected at 22 kV level, and not on 33 kV level as required under R. 5.3 of the SoP Regulations. As per the Commission's Order dated 5 March, 2010 in Case No. 71 of 2009, consumers obtaining supply at voltages lower than specified in the Regulations are liable to pay Voltage Surcharge of 2% on the units to be billed. c) MSEDCL has permitted CCIPL to wheel the energy generated from the Wind Power Project of M/s Ajanta Limited from April, 2010, which was extended periodically till March, 2014. d) CCIPL is a consumer of the Distribution Licensee, MSEDCL, and also an Open Access consumer. It is liable to pay Voltage Surcharge as per the Commission's Order for the energy supply of MSEDCL, but not for the units wheeled to it from third party sources for which MSEDCL is acting merely as a carrier and not supplier of electricity. e) However, MSEDCL has been levying 2% Voltage Surcharge on all units, i.e. units wheeled and supplied by it to CCIPL. In this regard, CCIPL has made several representations which were not considered by MSEDCL. CCIPL issued a legal notice dated 23 March, 2013 calling upon MSEDCL to refund Rs. 40,24,178.40 on account of excess collection of additional surcharge for the energy consumed from April, 2010 to February, 2013, excluding the refund of Electricity Duty, Tax on Sale of Electricity, Fuel and Other Cost Adjustment and other applicable charges which were levied thereon. ;