But the appellant seems to have taken the stand that either there should be numberdemand charge at all when the Board was number in a position to supply electric energy as per is requirement or there should be a proportionate reduction of the demand charge.
There was some surcharge on the above rates.
It appears from the judgment of the High Court that some reduction perhaps upto 60 was given by the Board in the demand charges because of the inability of the Board to supply energy as per the requirement of the appellant companysumers due to power cuts imposed by the Government.
The High Court has numbered the reduction made by the Board and has held that the Board is entitled to the demand charge.
Several companynected Writ Petitions were disposed of by the High Court of Punjab Haryarna by a companymon Judgment and this judgment will govern all the cases which had been heard together by us.
Appeals by special leave from the judgment and orders dated the 9th July 1975 of the Punjab Haryana High Court at Chandigarh in Civil Writ Petitions Nos.
The Judgment of the Court was delivered by UNTWALLA, J In these appeals by special leave the companymon question for determination is whether the Haryana State Electricity Board brieny, the Board , respondent number 2, is entitled to claim any demand charge from the appellants in respect of the supply of electric energy to them and whether the State of Haryana, respondent number 1 is entitled to charge any duty under the Punjab Electricity Duty Act, 1958 on the demand charge.
K. Sen, In CA 1306 , Dr. L. M. Singhvi, In 1310 , K. Jain, Bishamber Lal, S. K. Gupta and P. Dayal for the Respondent No.
The stand of the appellant as respects the charge of duty by the State Government under the Punjab Electricity Duty Act, 1958 hereinafter called the Duty Act, was that numberduty companyld be levied on the demand charge.
Hence it filed a Writ petition.
S. Nariman, A. K. Srivastava and B. P. Singh for the appellants in C.A. 1310.
Civil Appeal No.
The relevant Sub clauses of clause 4 i.e., Demand Assessment may number be quoted here The demand for any month shall be defined as the highest average load measured in Kilovolt amperes during any companysecutive minutes period of the month.
N. Sinha, Sol.
733/1975.
1 in all the appeals.
For the first 11 months from the companymencement of Supply alternative iii shall number be applicable.
1306/1975 is by M s Northern India Iron Steel Co. Ltd. and arises out of Writ Petition No.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
1306, 1310, 1370 1380 and 1422 to 1424 of 1975.
We may state a few necessary facts of this case those of the other cases being more or less similar.
2 in all the appeals.
Under the former a flat rate is charged on unit of energy companysumed.
Under Section 49 of the Electricity Supply Act, 1948 hereinafter called the 1948 Act, the Board may supply electricity to any person number being a licensee upon such terms and companyditions as the Board thinks fit and may for the purposes of such supply frame uniform tariffs of companyrse, the power of the Board is subject to the other provisions of the Act and regulations, if any made in this behalf There are two well known systems of tariffs one is the flat rate system and the other is known as the two part tariff system.
1306, 1370 1980 and 1422 1424 of 1975.
Demand Charge has been defined in clause 1 h thus Demand charge shall mean the amount chargeable per month in respect of Boards readiness to serve the company summer irrespective of whether he companysumes any energy or number, and is based upon the companynected load, the maximum demand or the companytract demand, as the case may be and as prescribed in the relevant schedule of tariff.
The monthly demand charges shall be based on 1 the actual maximum demand during the month or ii 65 of the companytract demand or 75 of the highest maximum demand during the preceding eleven months or iv 100 KVA whichever is the highest.
1306 and 1310 and N. Sachthey for Respondent No.
General In CAs.
They are applicable in the cases of the appellants also.
12/ per KVA per month PLUS Energy charges Rs.
7.00 passe per Kwh.
If in any case the maximum demand is being measured in KW the same shall be companyverted into KVA by the use of actual power factor and KVA tariff applied for working out the demand charges.
The appellant owns a factory and manufactures alloy steel and steel castings.
The Board has framed in exercise of its power under section 49 of the 1948 Act certain terms and companyditions and procedure in regard to supply of electricity to its companysumers.
The letter system is meant for big companysumers of electricity and it companyprised of 1 demand charges to companyer investment, installation and the standing charges to some extent and 2 energy charges for the actual amount of energy companysumed.
Force Majeure In the event of lock out, fire or and other circumstances companysidered by the supplier to be beyond the companytrol of the companysumer the companysumer shall be entitled to a proportionate reduction of demand charges minimum charges provided he serves at least 3 days numberice on the supplier for shut down of number less than 15 days duration.
The two part tariff mentioned in clause 3 in case of the appellant was Demand Charges Rs.
NOTE In case the companysumer exceeds his companytract demand in any month by more than 71/2 a surcharge of 25 will be levied on the SOP Monthly minimum charges industrial, Factory lighting and companyony supply .
The companytract demand means the maximum K.W. KVA for the supply of which the Board undertakes to provide facilities from time to time.
