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SABYASACHI BHATTACHARYYA
Sampat Mal Jhanwar – Appellant
Versus
West Bengal Electricity Regulatory Commission – Respondent
Headnote: Read headnote
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
The methodology for calculating delayed payment surcharge (DPS) on electricity bills should be uniform for non-L & MV Agriculture Consumers for each slab of period of delay, and the term 'month' in C....
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.
The court established that consumers cannot be charged for interest/carrying costs due to DISCOMS' delayed payments, limiting the special fuel surcharge to the original principal amount only.
The term “Law” in the PPAs would include all applicable rules, regulations, orders, Notifications issued by an Indian Governmental Instrumentality and shall also include all rules, regulations, decis....
The Ombudsman exceeded jurisdiction by preventing surcharge collection as per regulatory provisions, affirming that tariffs under the Electricity Act must be adhered to.
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