- (1.) Heard learned counsel appearing for the appellants. Mr.Bipin Gupta appears for Rajasthan Electricity Regulatory Commission and Ms.Parinitoo Jain for Ajmer Vidhyut Vitaran Nigam Limited, Ajmer.
(2.) The appellants are industrial consumers of electricity distribution companies, namely, Jaipur Vidhyut Vitaran Nigam Limited, Ajmer Vidhyut Vitaran Nigam Limited and Jodhpur Vitaran Nigam Limited (for short, 'the respondent-Discoms/Discoms'). They filed writ petitions for replacement of meters, as stipulated in Rajasthan Electricity Regulatory Commission (Metering) Regulations, 2006 (for short, 'Regulations of 2006'), and to ensure that they are not deprived of the benefits of 3rd digit power factor incentive, on account of the failure of the Discoms in replacing meters of the required specifications. They also prayed for restraining the Discoms from making any recovery from the petitioners, of the differential amount between the 2nd digit power factor incentive and the 3rd digit power factor incentive, in the bills issued to them, with detailed calculation of excess power factor incentive allowed to the EHT consumers. Learned Single Judge dismissed all the writ petitions, with the findings that if there was any doubt or ambiguity as to the consequence of failure of the Discoms to replace the existing meters by standard meters within the prescribed period, there being further stipulation that the consumers, if they wanted to avail the benefit of incentive earlier, could procure such meters themselves, and got them installed by the Discoms. The petitioners having failed to do so, the benefit of 3rd digit power factor was not available to them, in the period under dispute.
(3.) The facts giving rise to the writ petitions were that the Discoms, as licensees under Sections 14 & 15 of the Electricity Act, 2003 (for short, 'the Act') to transmit, distribute and trading in electricity, are required to install a correct meter, in accordance with the Regulations, provided the licensee may require the consumers to give security for the price of a mater, and enter into an agreement for hire thereof, unless the consumer elects to procure the meter. The Central Electricity Authority, in exercise of its powers under Section 55(1) and Section 73(e) read with Section 177(2) of the Act, has framed the Central Electricity Authority (Installation and Operation of Meters) Regulations, 2006.;