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SABYASACHI BHATTACHARYYA
Sampat Mal Jhanwar – Appellant
Versus
West Bengal Electricity Regulatory Commission – Respondent
JUDGMENT
Sabyasachi Bhattacharyya, J. - The present challenge pertains to interpretation of Clause 4.14.1 in the context of 4.14.2 of the West Bengal Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2011, as amended till January 22, 2020. Clause 4.14, as it appeared in the Original Tariff Regulations of 2011, promulgated on April 25, 2011, was subsequently altered by the Notification dated July 30, 2013 only in respect of the rates of surcharge. However, the methodology of levy remained the same.
2. Vide Notification dated January 22, 2020, Clause 4.14 was bifurcated into Clause 4.14.1, which prescribed the provisions of Delayed Payment Surcharge (DPS) in respect of non-L & MV Agricultural Consumers and Clause 4.14.2, which deals with L & MV Agricultural Consumers.
3. The modality of levy of Delayed Payment Surcharge has remained the same all through. Only the rates have been varied from time to time and lastly distinguished in 2020 between L & MV Agricultural Consumers and other consumers except L & MV Agricultural Consumers.
4. It is contended by th
The main legal point established in the judgment is that the DVC could claim dues on the basis of differential amounts of charges in 2021, after the final tariffs were fixed in 2020. However, the DVC....
Consumers are not entitled to voltage rebates if in arrears; however, amounts kept in abeyance do not constitute arrears for rebate eligibility under tariff provisions.
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