SHREE CHANDRASHEKHAR,J. - (1.) The petitioner-M/s Ganpati Food Product Ltd. is aggrieved of order dated 22.10.2016 by which its application seeking migration from demand-based tariff to installation-based tariff has been declined.
(2.) Briefly stated, on 25.05.2009 electrical connection (LTIS) for 65 HP was granted to the petitioner, in respect of which an agreement was executed on 25.05.2009. Subsequently, on petitioner's request the load was enhanced from 65 HP to 79 HP on 2 07.01.2011. All through the consumer had opted for installation-based tariff, however, after the new tariff for 2015-2016 came into force from 01.01.2016, the petitioner opted for demand-based tariff and a new agreement for 69 KVA load was executed on 10.02.2016. It has submitted an application on 17.06.2016 for shifting again to installation-based tariff. When no decision was taken on its application, the petitioner came to this Court in W.P.(C) No. 4369 of 2016 which stood disposed of by an order dated 05.09.2016 with a direction to the respondent no. 2 to take a decision within six weeks. In purported compliance of the Writ Court's order impugned order dated 22.10.2016 has been passed, declining the application seeking migration from demand-based tariff to installation-based tariff on the ground that agreement dated 10.02.2016 executed between the parties is for two years and, therefore, change from demand-based tariff to installation-based tariff is not permissible, midway.
(3.) Stand taken by the petitioner is that under the new tariff regime which came into force from 01.01.2004 a consumer has an option either to opt for installation-based tariff or demand-based tariff and while so, it is always permissible for the consumer to seek shift from demand-based tariff to installation-based tariff and vice-versa, even during currency of the agreement executed between the parties. To fortify this stand, Mr. M. S. Mittal, the learned Senior counsel for the petitioner refers to Regulation 7.15.3 of the Jharkhand State Electricity Regulatory Commission (Electricity Supply Code) Regulations, 2015 which reads as under : 7.15.3 If a consumer wishes to change his consumer category, he shall submit an application form to the Distribution Licensee in the format given in Annexure 6 to these Regulations. The Distribution Licensee shall process the application form in accordance with clauses 7.6 to 7.11 of these Regulations. For site inspection and issuance and payment 3 of demand note for the estimated cost of works, both the Distribution Licensee and application shall follow the procedure and timelines as laid down in clauses 6.6 - 6.17 and 6.19 - 6.25 of these Regulations. The Distribution Licensee shall also note down the meter reading at the time of inspection.;