Orissa High Court
M/S. Specimen Holdings Ltd vs Executive Engineer on 8 January, 2021
W.P.(C ) NO. No.36399 of 2020
M/S. Specimen Holdings Ltd.,....................Petitioner
Vs.
Executive Engineer, B.E. Division, SOUTHCO,
Berhampur & Another............................Opp. Parties
2. 08.1.2021 This matter is taken up through Video Conferencing.
By way of this Writ Petition, the petitioner has
challenged the order dated 20.7.2018 in Case No.172/2018 of
GRF, Berhampur which was confirmed by judgment dated
17.12.2019 in Consumer Representation Case No.Omb(II) S-19 of
2018.
The brief facts of the case is that the petitioner M/s.
Specimen Holdings Ltd., Apollo Clinic, Main Road, Bhabanagar,
Berhampur, Dist-Ganjam is a General Purpose (HT) consumer
under opposite party no.1-Executive Engineer (Elect.), BED-I,
Southco, Berhampur. The petitioner had executed an agreement
with the opp. Parties on 22.8.2011 for power supply to his Appolo
Clinic with contract demand of 140KW 156 KVA. Accordingly, the
opposite parties supplied power in the name of the petitioner and
served bill on the petitioner as per its consumption of 156 KVA.
After two months of power supply, the petitioner requested the
opp. Parties for reduction of his contract demand to 110 KVA. The
opp. Party no.1 continued serving bills on the petitioner with the
contract demand of 110 KVA till December 2017 vide Annexure-3
series. The petitioner also requested the opp. Parties to refund the
meter rent of Rs.1,000/- paid by him from November 2011 till
November 2016, but the same was not considered. The opp. Party
no.1 vide his letter No.763(5) dated 01.02.2018 intimated the
petitioner regarding revision of bills from the period from January,
2012 till December 2017. Finding no other way, the petitioner
approached the learned GRF, Berhampur in Case No.172 of 2018
and being aggrieved by the order dated 20.7.2018 of the learned
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GRF, Berhampur, the petitioner filed a representation dated
19.10.2018 before opp. Party no.2. The opp. Party no.2 vide
order dated 17.12.2019 rejected the prayer of the petitioner with
certain modification in the order of the learned GRF, Berhampur.
Hence, this Writ Petition.
Learned counsel for the petitioner submitted that the
petitioner has filed an application for reduction of the power supply
to its unit as per the Regulation 66 of the OERC Distribution
(Conditions of Supply) Code-2004. However, without considering
the grievance of the petitioner in accordance with the statutory
provision, the opp. parties vide orders dated 20.7.2018 and dated
17.12.2019 have issued direction as given below.
Extract of Order dated 20.7.2018
passed by the learned GRF, Berhampur in GRF Case
No.172/2018.
1. After verification of estimate, it is found that, the
estimated amount towards 11 KV cable and cubical
metering has been deposited by the complainant. But, it
is confirmed that, 11 KV metering unit has been
installed. So the differential amount as mentioned above
has to be refunded in shape of adjustment in energy
charge bills.
2. The meter rent shall be claimed for 60 months as per
the clause 448 of tariff order 2016-17. Once it is
collected for 60 months, the meter rent collection should
stop.
3. The erroneous monthly demand charges billing has
been detected by the respondent and claimed the
differential demand charges, as per contract demand
and as determined in tariff notification. So the revised
demand charges shall be payable by the consumer as he
has not applied for reduction of contract demand as per
regulation 66 at any time.
Extract of judgment dated 17.12.2019 in
Consumer Representation Case No.Omb(II) S-19 of
2018 is hereunder
1. The respondent is directed to refund the
differential amount of cubicle meter and 11KV
metering unit along with interest @ 1% per month.
2. The respondent is directed to refund the full
meter rent collected from the petitioner along with
interest @ 1% per month to the petitioner.
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The respondent is directed to revise the bills of
the petitioner and serve the revise bill to the
petitioner within 30 days from the date of receipt of
letter of acceptance from the petitioner and file
compliance to this Authority within 45 days.
However, it appears from the agreement entered into
between the parties dated 22.8.2011, pursuant to
Regulation 15 of the OERC Distribution (Conditions of
Supply) Code-2004, the petitioner has entered into
agreement with Opposite Party no.1 and since the
petitioner's application dated 22.8.2011 for reduction of
power supply are still pending with the opp. party no.1,
we dispose of the Writ Petition with a direction to the
Managing Director, OERC to consider the application of
the petitioner as per the Regulation 56 of the OERC
Distribution (Conditions of Supply) Code-2004 within a
period of four weeks from the date of production of the
order passed by this Court. Till that date, the order dated
20.7.2018 passed by the learned GRF, Berhampur in GRF
Case No.172/2018 and dated 17.12.2019 in Consumer
Representation Case No.Omb(II) S-19 of 2018 passed by
the OMBUDSMAN-II(Electricity), OERC, Bhubaneswar
shall remain stayed.
It is submitted by the learned counsel for the
petitioner that the petitioner has deposited Rs.6,00,000/-
(Rupees six lakhs) towards differential claim of monthly
Demand Charges before opp. party no.1 towards the
arrear payment. If that be so, the petitioner is directed to
deposit further amount of Rs.2,00,000/-(Rupees Two
Lakhs) with the opp. party no.1 towards arrear payment
of contract demand by 30th January, 2021. If the
petitioner deposited Rs.2,00,000/- by 30th January, 2021
before opp. party no.1, in such event, Opposite Party No.1
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OERC will consider the application of the
petitioner and no coercive action shall be taken
against the petitioner till a decision is taken by the on the
application of the petitioner.
Learned counsel for the parties may utilize the
soft copy of this order available in the High Court's
website or print out thereof at par with certified copies in
the manner prescribed, vide Court's Notice No.4587 dated
25.3.2020.
.............................
S. Panda, J.
.............................
S. K. Panigrahi, J.
sp
