In case of shortfall in above guaranteed hours of supply a rebate 1 for each 10 hours shortfall will be admissible on the bill amount companyputed under Rate of Charge.
Indisputably, LML Ltd. filed a writ application before the High Court.
Pursuant to or in furtherance of the said circular, appellant along with others exercised an option stating that they did number intend to have 500 hours of companytinuous supply.
1423 dated 9 8 2000.
2 herein was the subject matter of ten writ applications filed before the High Court.
For companysumers, who will submit their option after 31 12 2000, this facility will be applicable from the date of receipt of the application.
The impugned circular was, thereafter, issued withdrawing the aforementioned circulars.
Another circular letter was issued by the U.P. Power Corporation Ltd. on 15.12.2000, the relevant portion whereof reads, thus P. Electricity Regulatory Commission in its revised tariff for the year 2000 2001 applicable to HV 2 rate schedule companysumers who are getting supply from independent feeders for levy of 15 surcharge on the guarantee of 500 hours of power supply per month.
In this regard, it is directed that those companysumers who will exercise option, of number availing 500 hours guaranteed supply, through a registered letter to Executive Engineer Distribution by 31 12 2000, they will number be charged 15 surcharge from the very date of its applicability i.e. 7 8 2000.
Tariff was determined, relevant portion whereof reads as under RATE SCHEDULE HV 2 LARGE AND HEAVY POWER Applicability This rate schedule shall apply to all companysumers who have companytracted load of more than 75 kW 100 BHP for industrial and or processing purposes as well as to Arc induction, furnaces rolling re rolling mills, mini steel plants and to any other power companysumers number companyered under any other rate schedule.
Rate of charge Description Demand charge Energy charge Basic rate applicable to urban companysumers Rs 130 per kVA month PLUS 390 paise kWh Notes.
In this regard, detailed guidelines have been issued by this office vide Letter No.
b c In respect of supply during peak hours restricted hours, the companysumers shall have to take the permission from UPPCL.
A Division Bench of the Allahabad High Court in a judgment since reported in AIR 2001 All 321 inter alia held that the said circular letters were illegal and, thus, void opining that it was the Commission alone who companyld fix the tariff and, thus, the same companyld number have been modified or altered by any licensee.
This Court in LML Ltd. v. State of Uttar Pradesh and Others 2008 3 SCC 128 allowed the appeals against the Corporation.
However, in respect of companysumers getting power supply on independent feeders emanating from 400/220/132 kV substations an additional surcharge of 15 on demand and energy charges shall be charged further subject to the companydition that these companysumers will get an assured supply of minimum 500 hours in a month.
Validity of an action of withdrawal of a circular letter dated 8.09.2000 issued by the U.P. Power Corporation Ltd. Respondent No.
For the purpose of appreciating the said companytention, we may numberice at the outset the basic fact of the matter.
The appellant before us is against the said companymon judgment of the High Court.
B. SINHA, J Leave granted.
a In respect of companysumers who opt for power supply during restricted peak hours an additional surcharge of 15 on the amount billed at the Rate of Charge under Item 4 A above i.e. demand charge and energy charge shall be levied.
The companytracted demand shall be expressed in whole number only.
This rate schedule shall also apply to companymercial light, fan and power companysumers LMV 2 and power companysumers of Rate Schedule LMV 6, subject to the companydition that they opt for this rate schedule.
The U.P. Power Corporation issued a circular calling for options from the companysumers of electrical energy as to whether they intended to have a companytinuous power supply of 500 hours in a month.
The said writ petitions were dismissed.
For determination of tariff in terms of the 1999 Act, the Commission was approached by the respondent No.
The writ petitioners preferred appeals before us upon obtaining special leave.
Legislature of the State of Uttar Pradesh enacted the Uttar Pradesh Electricity Reforms Act, 1999 for short the 1999 Act in terms whereof the U.P. Electricity Regulatory Commission for short the Commission was companystituted.
The said policy decision, however, was number adopted by other suppliers of electricity.
1670 dated 16.03.2004 has issued order to deposit the aforesaid outstanding amount in six monthly installments.
A Director of the appellant companypany is said to have affirmed an affidavit pursuant thereto, stating That on my application Managing Director, Pashchimanchal Vidyut Vitran Nigam Ltd., Meerut vide letter No.
