N.K.Mehrotra, J. - (1.) This is an appeal against the order dated 22.10.2002 passed by the U. P. Electricity Regulatory Commission under Section 24 of the U. P. Electricity Reforms Act, 1999 in Petition No. 7 of 2002.
(2.) The appellant has challenged only that part of the order dated 22.10.2002 which is in respect of Clause 8 (a) of Rate Schedule rebate Clause of H.V.-2 category consumers. This impugned clause which relates to rebate, is as follows : "Rebate.-- (a) Load factor rebate.--For all consumption in excess of the defined K.V.A.H. per K.V.A. (of contracted demand) a rebate is provided on the energy charges for such excess consumption, as given in the above Table. This rebate will be available only on monthly basis. Consumer with arrears shall not be eligible for this rebate."
(3.) The portion of the rebate clause that "the rebate shall not be applicable to the consumers who are in arrears" only is being assailed in this appeal on the ground that this contention imposed by the Commission is wholly erroneous because the outstanding arrears could be due to various cases including the dispute between the consumers and the licensee on the question like : meter dispute, bill processing dispute, etc. Besides the above, there may be other reasons, namely ; stay order of the High Court, Supreme Court or any other Court and this factor has not been kept in mind while imposing these conditions. According to the appellant, if the stay order has been granted in the matters of meter dispute or wrong billing by any Court then, those arrears cannot be called as 'outstanding dues' therefore, in those cases consumers cannot be debarred from getting rebate under Clause 8 (a) of the Rate Schedule of H.V. 2 category. It is alleged that by imposing this condition, the U. P. Electricity Regulatory Commission has tried to give undue benefit to the Licensee, i.e., U. P. Power Corporation, the Kanpur Electricity Supply Agency (K.E.S.C.O.) and NOIDA Power Corporation. Alongwith this appeal, the appellant has moved an application for interim relief for stay of the operation of the impugned condition of outstanding dues and directions to the opposite parties to allow high load utilization rebate to the appellant without imposing the said condition. The appellant has also moved an application for exemption from filing original decree and judgment and besides the other applications as stated above, an application for condonation of delay for filing the first appeal has also been moved.;