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TMI Blog2010 (5) TMI 819X X X X Extracts X X X X X X X X Extracts X X X X ..... ust, 2000. The rate schedule for large and heavy power, inter alia, provided that consumers who opt for power supply during the restricted/peak hours shall pay an additional surcharge of 15% on the amount billed at the "Rate of Charge" under item-4A of the Schedule. It further provided that consumers getting power supply from independent feeders emanating from 400/220/132 KV sub-stations shall pay an additional surcharge of 15% on demand and energy charges subject to the condition that these consumers will get assured electricity supply of minimum 500 hours in a month. In case of shortfall in the guaranteed hours of electricity supply, the consumers were entitled to a rebate @ 1% for each 10 hours shortfall on the bill amount computed under "Rate of Charge". Relevant portion of the Tariff Rate Schedule HV-2 forming part of Notification dated 7th August, 2000, reads as under: "........... Notes: (a) In respect of consumers who opt for power supply during restricted/peak hours an additional surcharge of 15% on the amount billed at the "Rate of Charge" under item 4-A above, i.e. Demand Charge and Energy Charge shall be levied. However, in respect of consumers getting power supply ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The relevant portion of the circular reads as under: "2.(a) In the rate schedule HV-2, as a result of the guarantee of 500 hours electricity supply of independent feeder from 400, 220 and 132 KV sub stations, 15% surcharge shall be levied. Consumers of this category shall be ensured 500 hours electricity supply per month. Due to lesser electricity supply than 500 hours, they shall be given 1% deduction for every ten hours in their electricity bill. If consumers connected with these independent feeders do not want guarantee of 500 hours electricity supply then, in that event, they shall not be imposed 15% surcharge in their bills. Such consumers shall intimate the Executive Engineer distribution by registered post that they do not want guarantee of 500 hours electricity supply. The Executive Engineer shall issue office memo in this regard. If any consumer of this category does not give any option then he shall be ensured 500 hours electricity supply and 15% surcharge shall be taken. S.S.O./Junior Engineer shall be responsible to ensure that the consumer in question does not use electricity during the restricted period. If consumers of this category use electricity in the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter. The only benefit that the consumers who drew power from such independent feeders but who do not get supply for the minimum 500 hours in a month were granted a rebate @ 1% for every 10 hours or part thereof if the continuous supply had failed. The High Court observed: "There is absolutely no ambiguity or confusion of any kind in the tariff as approved by the Commission. It clearly contemplates two categories of consumers. One category is of consumers who get power supply on independent feeders emanating from 400/220/132 KV sub stations. The two categories are wholly independent and distinct and they are not inter linked with each other. The third condition mentioned at the bottom of the box clearly shows that a consumer cannot get power supply in restricted hours as a matter of right and he shall have to take permission from UPPCL with intimation to the Commission. It follows that if a consumer does not apply for permission from UPPCL and such a permission is not granted he shall not get power supply in restricted hours and he will not be required to pay 15 per cent surcharge. However, so far as consumers getting power supply on independent feeders emanating from 400/220/132 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the exemption granted by the U.P. Power Corporation Ltd. was valid and in accordance with the provisions of the Notification dated 8th September, 2000. The demand raised by the Corporation was accordingly struck down. Aggrieved by the said order the Uttaranchal Power Corporation filed Civil Appeal No.1106 of 2007 in this Court which was heard alongwith Civil Appeal No.5789 of 2002 filed by LML Ltd. against the order passed by the High Court of Allahabad dismissing Writ Petition No.40692 of 2000 filed by the said company. Similar other appeals filed by other units against identical orders passed by the High Court of Allahabad were also heard and disposed of by this Court by a common order dated 13th December, 2007. This Court held that in so far as the U.P. Power Corporation had made a promise to anyone of the consumers the same was enforceable. In the case of Uttarakhand Power Corporation, however, this Court found no such promise to have been made to the consumer. Civil Appeal No.1106/2007 filed by the Uttarakhand Power Corporation against the judgment of the High Court of Uttarakhand was accordingly allowed on that basis. In so far as appeals arising out of the judgment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on as also its successor in-interest, namely, Uttarakhand Power Corporation after the same came into existence w.e.f. 9th November, 2001. It is further stated that the dispute in the instant case was with regard to the period between September 2000 when the exemption of surcharge was granted to the consumer and 1st September, 2001 when the same was discontinued. 11. In substance the case of the applicant was that a representation/promise had been made to it by the U.P. Power Corporation which promise having been held enforceable qua other units similarly situated as the applicant, could not be ignored in so far as the applicant was concerned. The promise was according to the applicant binding even upon the successor-Corporation, namely, Uttarakhand Power Corporation and the very fact that no promise was made by Uttarakhand Power Corporation did not make any difference so long as the liability arising out of the promise made by the U.P. State Corporation was clear and legally enforceable. 12. The above application was heard and finally disposed of by a Bench of Hon'ble Harjit Singh Bedi and Hon'ble Aftab Alam, JJ. with the following direction: "Learned counsel for the par ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... poration is held to be bound by the promise made by it the Uttarakhand Corporation which came into existence upon reorganization of the State had no option but to make the said promise good. It could not retrospectively withdraw the same only with a view to recover money which even the U.P. State Power Corporation would not have been entitled to recover. 17. In Writ Petition No.942 of 2001 filed by the respondent-KVSL the material facts were not disputed. It was unequivocally admitted that the respondent-company was a consumer getting supply from an independent feeder emanating from 400/220/132 KV sub station. It was also not in dispute that with the coming into existence of State of Uttarakhand w.e.f. 9th November, 2000 a new Power Corporation for the said State was established on 1st April, 2001. The respondent-company's further case is that Uttarakhand Power Corporation did not charge 15% surcharge on monthly demand and energy charges for the period April 2001 to October, 2001 and that it is only on 7th December, 2001 that the applicant received an intimation that circular dated 8th September had been revoked and letter dated 24th October cancelled. That the U.P. Electricit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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