ਵਿਵਾਦ ਨਿਪਟਾਰਾ ਕੇਸ

ਵਿਵਾਦ ਨਿਪਟਾਰਾ ਕੇਸ

ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ :
ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ: I3546
1.  ਕੇਸ ਹਵਾਲਾ ਨੰਬਰ I3546
1.  ਉੱਪ ਮੰਡਲ ਦਫਤਰ CITY WEST LUDHIANA/DS ESTATE (SPL) DIVN./COMM. ESTATE (SPL)
2.  ਖਪਤਕਾਰ LS-290 of Sh/ Ms Supreme Texmart Ltd
3.  ਕੇਸ ਦਾਖਲ ਕਰਨ ਦੀ ਮਿਤੀ 2014-09-30
4.  ਵਰਨਣ Service Connection Charges
5.  ਫੈਸਲਾ History This is LS category consumer having sanctioned load of 6000 KW and Contract Demand of 4500 KVA. The consumer submitted A& A form No.49294 dt.22.10.13 for extension of his contract demand from 4000 to 4500 KVA. The consumer was issued demand notice no.466 dated 7.11.13. Estate Division only got Rs.5000/- deposited from the consumer as processing fees and subsequently, raised demand of Rs.1100000/- towards service charges as per supply code regulation 9.1.2(i)(c) and amended clause C/C 25/12. Proceedings The consumer in his detailed petition as well as rejoinder has given the detailed history of the case. As per the consumer he applied for 6000 KW load and 4000 KVA contract demand on 16.10.2006 for getting connection on 11 KV and this connection was released on 15.2.08 through an independent 11 KV feeder for 2800 KW/1866 KVA partial load. The balance load of 3200 KW/2134 KVA was availed by the consumer and granted on dated 14.8.08. The petitioner applied for upgrading of supply from 11 KV to 66 KV and its feasibility was cleared by CE/Commecial, Patiala vide memo no.23114 dated 18.5.10. As per the feasibility clearance 66 KV supply was given to the petitioner by tapping 66 KV line feeding 66 KV Vishwkarma Alloys cluster Sub Station 66 KV. Supply was to be provided through 66 KV tower Line and in the congested area 66 KV cable was proposed. Subsequently, due to M/s Supreme Taxt Mart (A/c no.LS 290 ) opposition from public, 66 KV tower line could not be erected and whole 66 KV line was laid through 66KV cable and the work was got executed by the consumer/petitioner and as per the details given by him he incurred an amount of Rs.2,14,93,070 /-for erecting this 66 KV line. Consumer then applied for extension in contract demand from 4000 KVA to 4500 KVA without increasing load vide requisition no.284 dated 2.7.13. This load was released to this consumer without any augmentation to the system and vide SCO no.16/13910 dated 5.12.13. The main plea of the consumer is that he had spent approximately Rs.1,53,81,832/- towards the cost of 66 KV line on proportionate basis because another connection of the sister concern of the consumer namely M/s Supreme Yarn Ltd. was also given supply from this newly erected 66 KV line and thus the proportionate cost towards laying this line erected for both these connections come to Rs.1,53,81,832/- for supreme Taxt Mart Unit no.2 . As per the details submitted by the petitioner, he further pleaded that he has already paid Rs.45 lakhs towards SCC at the time of release of this connection on 11KV and if the total service charges as per present rates for the full load are to be calculated the same comes to 4500 x 2200 = 89 lakhs, whereas he has already spent Rs.1,53,81,832/- towards the cost of 66 KV lines which is more than 99 lakh and therefore, he is not liable to pay Rs.11 Lakh towards service charges now demanded by PSPCL. PO submitted parawise reply to the petition as given by ASE, Estate Divn. Ludhiana and the same was deliberated by the committee at length. Observation Committee deliberated the case, studied the petition and its re-joinder given by the petitioner and parawise reply submitted by the PO. Committee also listened to the oral arguments of both the parties and observed as under :- It is correct that petitioner paid Rs.45 lakh towards SCC earlier while getting the load released at 11 KV for 6000 KW/4000 KVA in the year 2008 subsequently when the consumer got his supply converted from 11 KV to 66 KV and spent Rs.21493070/-as the cost of 66 KV line erected by him at his expenditure for getting the supply at 66 KV for this connection as well as its sister concern namely M/s Supreme yarns Ltd. Committee observed that this amount spent by the consumer for upgrading his supply from 11 KV to 66 KV was got done as per the requirement of the consumer to avail the benefits/incentives for getting the supply at 66 KV and to avoid paying voltage surcharge as he was getting supply at 11 KV. M/s Supreme Taxt Mart (A/c no.LS 290 ) Decision Committee deliberated the case and unanimously decided that the consumer has got his supply converted from 11 KV to 66 KV as per supply code regulation 11.2 which deals with conversion of supply from high tension to EHT and he has paid the actual cost of providing the services as per the regulation 11.2. Therefore, the amount spent by the consumer for getting the supply converted to 66 KV could not be adjusted towards the service charges payable by the consumer while getting the extension of contract demand of 500 KVA. Therefore, the amount charged to the consumer is OK and is recoverable.
6.  ਫੈਸਲੇ ਦੀ ਮਿਤੀ 2014-12-04
ਸੁਣਵਾਈ/ ਪੇਸ਼ੀਆਂ
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