L.M.L. Ltd vs State Of U.P. & Ors

In the year 1999 Uttar Pradesh Electricity Reforms Act, 1999 (for short, the 1999 Act) was enacted, in terms whereof the U.P. Electricity Regulatory Commission (for short, the Commission) was constituted. Indisputably, three licensees, namely, (i) U.P. Power Corporation Ltd. (for short, UPPCL), (ii) Kanpur Electricity Supply Company (for short, KESCO); and (iii) NOIDA Power Company Ltd. (for short NPCL) filed applications before the Commission for determination of tariff.

4. Appellant LML Ltd. prior to framing of the said tariff and bifurcation of U.P. State Electricity Board had been taking supply of electrical energy in the form of a three phase alternatives current at declared pressure of 132 K.V. and a power not exceeding 8000 K.V. in their respective factories. Whereas in the case of L.M.L. Limited, their factory being situated at Kanpur, electrical energy was supplied by KESCO, but so far as other consumers are concerned, electrical energy was supplied to them by UPPCL

21. We may notice that some of the appellants herein had filed reference applications before the Commission, which were found to be not maintainable. A Review Application was also filed whereafter, the First Appeals were filed before the High Court. It may, however, be placed on record that in regard to the meaning of independent feeders some matters are still pending before the Commission.

Executive Engineer within three days of receiving this letter will issue office circular which will indicate the date from which this facility can be provided . 15% surcharge will be payable by the consumer from the said date mentioned in above letter. This option once given will not be revoked. 2(a) Consumers connected to independent feeders will be charged 15% surcharge against guarantee of 500 hours electricity supply from sub-stations of 400 KV, 220 KV and 132 KV in HV-2 rate list.

500 hours electricity supply will be ensured to the consumers of this category. 1% rebate will be given on Electricity Bill of 10 hours or its part, if they receive electricity supply less than 500 hours. If the consumers connected to these independent feeders who do not want guaranteed supply of 500 hours electricity supply then 15% surcharge will not be charged on their electricity bills. These type of consumers will intimate to Executive Engineer (Distribution) if they do not want 500 hours guarantee of electricity supply. Executive Engineer will issue office memo in this regard. If any consumer of this category does not exercise this option, then he will be guaranteed 500 hours electricity supply and will be charged 15% surcharge. It will be the responsibility of SSO/Assistant Engineer to ensure that consumers of this category should not use electricity in the restricted period. In case consumers of this category use electricity in the restricted period then they will be charged (15+15) 30 % surcharge. 2(b) Normally the availability of electricity supply to the consumers from these feeders will depend upon data of electronic meters installed in their establishments and no officer will be authorized for issuing any certificate and nor such certificate will be acceptable.

2(c) In case electric meter is not available at consumers establishment or is defective, then during this period only no employee below the level of Asstt. Engineer will issue any certificate under his signatures under any circumstances regarding period of electricity supply/hours etc. and in case this is issued the same will no be accepted, and the concerned officer/employee will be deemed guilty of indiscipline and appropriate action will be taken against them. As per requirement, this type of certificate can be issued by Asstt. Engineer or above level officer and they may get the signature of subordinate officer/employee if they wish. This certificate will be made available to concerned Executive Engineer (Distribution) for each month.

We are sure that in future our bills shall not be loaded with additional surcharge of 15%.

HC/UPPCL/5-1974-1204-C/2000 dated 8.9.2000 by UPPCL. The above circular as per its Para 2(Ka) gives an option to the consumers under category (ii) that in case they do not want to receive supply of assured 500 hours in a month no surcharge of 15% shall be charged from them. It was provided in the above circular that the concerned consumer may give their option of waiver of assured supply by registered post to the concerned Executive Engineer (Distribution). It was further provided in the above circular that in case the consumer fails to exercise the above option, he will be assured supply of 500 hours and he shall be liable to pay surcharge of 15%. A copy of the above circular is endorsed to the Secretary of the Commission for information and necessary action. A copy of the above circular dated 8.9.2000 is appended to this Short Counter Affidavit as its Annexure CA-1.

It is, therefore, requested that the above facts may kindly be brought to the notice of the Honble Commission and further directions may kindly be issued so that the same may be implemented as ordered by the Hon. High Court, Allahabad.

37. While we say so, we are not unmindful of the fact that imposition of 15% surcharge was not dependent upon the exercise of option in terms of the tariff provision, which was confined to the supply of electrical energy during peak hours.