ਵਿਵਾਦ ਨਿਪਟਾਰਾ ਕੇਸ

ਵਿਵਾਦ ਨਿਪਟਾਰਾ ਕੇਸ

ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ :
ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ: A1125
1.  ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ A1125
1.  ਉੱਪ ਮੰਡਲ ਦਫਤਰ CITY EAST LUDHIANA/DS F. POINT (SPL) DIVN./COMM. F. POINT (SPL)
2.  ਖਪਤਕਾਰ FP0730 of Sh/ Ms Kay Jay Forging
3.  ਕੇਸ ਦਾਖਲ ਕਰਨ ਦੀ ਮਿਤੀ 2012-02-25
4.  ਵਰਨਣ PF Insentive
5.  ਫੈਸਲਾ Brief History The petitioner is L.S. category consumer, having Sanctioned Load as 1296.230 KW & CP as 1435 KVA. Supdt/RAP vide half margin no: 17 dt: 4.7.11 directed ASE/Focal Point to charge the following amount:- 1 . Difference of security : 344720-00 2 . Difference of Power Incentive : 759403-00 3 . Service connection charges : 396000-00 Total : 1500123-00 As per half margin, the consumer was released LS connection on dt: 28.12.06 with load as 1296.830 KW/995 KVA. In the detail of the load submitted by consumer, he had mentioned continuous hardening & tempering furnace of 320 KW & continuous normalizing furnace as 120 KW. Treating this load as Induction furnace, Audit party had withdrawn Power Factor incentive given to the consumer treating it to be a general category consumer from 3/07 onward up to 4/11. In the history of case submitted by ASE/Focal Point, it is mentioned that consumer was already charged difference of security & service connection charges & thus Rs: 344720/- as difference in security & Rs: 396000/- as S.C.C. were not recoverable now. Proceedings Consumer had earlier represented that the said furnaces were not actually Induction furnaces, but were only used for heating the material for its conditioning & also they work on normal voltage & normal frequency. ZDSC after deliberations formed a committee comprising of ASE/ Enforcement & ASE/Focal Point to visit the site & ascertain the nomenclature of the said furnaces. Accordingly the committee submitted a report vide LCR No:27/396 dt: 17.5.12. As per this report the heating chamber of 320 KW & 120 KW were found installed & they were working on normal voltage & normal frequency & were being used for heating the material. 2/8 After going through the report submitted by the said committee, it was decided not to withdraw power factor incentive already given to consumer from 3/07 to 10/09. Audit note also pointed out that in view of Enforcement report dt: 12.5.11, it was mentioned that consumer had installed 4 nos. billet heater having load as 950 KW. Therefore power factor incentive from 10/09 i.e. after issue of CC:38/09 amounting to Rs: 437212/- needed to be charged, which is withdrawal of Power Factor Incentive form 10/09 to 4/11 already given to the consumer by treating him as general category consumer, while he was to be treated as PIU as per CC:38/09. During hearing consumer raised the objection that he may be treated as PIU from 5/11 i.e. from the date of checking of Enforcement, but he could not give any proof of date of installation of billet heaters in his factory. Consumer in his petition & during hearing on various dates informed the committee that petition no:3 of 2012 has been filed by Ludhiana Handtool Association, Focal Point, Ludhiana in the court of PSERC, Chandigarh & he requested for keeping this case pending till the disposal of petition by PSERC, Chandigarh. Observations of committee Committee observed that PSPCL has appointed CPRI, Bangalore to study the behavior of billet heaters for purpose of determination as PIU or not? Accordingly CPRI, Bangalore submitted a report to PSERC, Chandigarh & PSPCL, but till date this issues has not been decided by PSERC. In the mean time CE/Commercial vide CC No:28/12 issued a circular according to which: “ All the LS Consumers having billet heater load up to 25% of connected load or 500 KW, whichever is higher may be considered as general category consumers”. Therefore CC:38/09 was amended to the extend as stated above & these instructions were applicable w.e.f. 24.12.11. This case was kept pending by the committee waiting for the disposal of petition by PSERC, Chandigarh, which is yet to be decided by PSERC. Decision This case was deliberated by the committee in presence of the consumer Sh.Naveen Behl & keeping in view the CC:28/12 & the report of Enforcement dt:12.5.11 vide which billet heaters of 950 KW were found installed in consumer premises, which forms about 73% of the connected load, it was unanimously decided that this amount has been charged correctly to the consumer & is recoverable, because as per CC:28/12 the relief given to billet heater consumers was only 25% of connected load or 500 KW,whichever is higher & in the case of this consumer,the load of billet heaters was much more than 25% of the total connected load. Therefore power factor incentive already availed by consumer from 11/09 to 4/11 amounting to Rs: 437212/- is recoverable. The consumer should be informed of the above decision.
6.  ਫੈਸਲੇ ਦੀ ਮਿਤੀ 2013-06-17
ਸੁਣਵਾਈ/ ਪੇਸ਼ੀਆਂ
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