HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.37033 of 2013

ORDER:

Heard Sri Harsh Kumar Asthana, learned counsel appearing on behalf of the petitioner, Sri R.Vinod Reddy, learned Standing Counsel for TSSPDCL, appearing on behalf of the respondent Nos.1 to 3 and Sri P.Prasad, learned Standing Counsel for TSERC, appearing on behalf of the respondent No.4.

2. The petitioner approached the Court seeking prayer as under:

“to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents in not adjusting 50% of R & C penal charges i.e., Rs.6,76,360/- in future bills pertaining to Service No. HDS-237 as illegal, arbitrary, unconstitutional and against the principles of natural justice and pass such other order or orders as deemed fit and proper in the circumstances.”

3. The case of the Petitioner, in brief, is as follow s:

The Petitioner herein is a solvent Extraction Industry, a limited Company incorporated under Companies Act. The Petitioners' industry is currently facing immense financial difficulties and has been unable to recover from previous losses.

The 3^rd Respondent herein issued Restriction and Control (R & C) supplementary bills imposing penal charges for excess consumption. These bills were issued as follows: (i) for the month of September 2012, dated 10-12-2012, amounting to Rs. 1,07,609/-; (ii) for the month of October 2012, dated 09-01-2013, amounting to Rs. 2,39,900/-; (iii) for the month of November 2012, dated 05-02-2013, amounting to Rs. 4,77,647/-; and (iv) for the month of December 2012, dated 20-02-2013, amounting to Rs. 5,27,565/-. The Petitioners submit that the total penalty imposed under the R & C measures amounted to Rs. 13,52,721/-, and the Petitioners had duly paid the entire amount.

Subsequently, Respondent No.4 issued Proceedings No.

APERC/Secy/154/2013 dated 08-08-2013, directing that 50% of the penal charges levied under the R & C measures be waived and further held that any refunds arising out of such a waiver would be adjusted against the future electricity bills of the Petitioners. Despite the explicit directions issued by the A.P. Electricity Regulatory Commission (A.P.E.R.C.), the Respondents have failed to adjust any amount of the penalty paid by the Petitioners against future bills.

The Petitioners further submit that as per the A.P.E.R.C.order No.APERC/Secy/154/2013 dated 08-08-2013, it was specifically held that the waiver of 50% of the penalty is not financially detrimental and does not cause any loss to the DISCOMs. The Petitioners contend that, in accordance with the directions of the A.P.E.R.C. dated 08-08-2013, they are entitled to a relief of Rs. 6,76,360/-, which amounts to 50% of the total penalty paid by them. Despite being eligible for such relief, the Respondents have deliberately failed to comply with the said order and have not adjusted the amount against the future bills, causing severe financial hardship to the Petitioners. Hence, this Writ Petition.

4. This Court passed interim orders in favour of the petitioner on 11.02.2024 vide W.P.M.P.No.46091 of

2013 observing as under:

“Heard the learned counsel for the petitioner.

This petition is filed to direct the respondents to adjust the 50% of R & C penal charges in future bills pertaining to Service No.HDS 237 amounting to Rs.6,76,360/-.

In pursuance to Restriction and Control measures, 100% penalty was imposed on the petitioner company. Subsequently, the 4^th respondent issued proceedings dated 08.08.2013 waiving 50% of penal charges for all consumers whom R & C measures were made applicable during the period 07.09.2012 to 17.04.2013.

The petitioner filed representation dated

07.11.2013 and brought to the notice of the respondent about the orders passed by the 4^th respondent herein dated 08.08.2013 for adjustment of the 50% of the penal charges towards future bills.

In view of the proceedings dated 08.08.2013 of the 4^th respondent, there shall be a direction to th