WRIT PETITION NO. 994 (MS) OF 2006 v. M/s Mahindra Industries, Bye Pass Road, Kichha

Agarwal Rice Mill, 18/2 Industrial Area, Rudrapur, Udham Singh Nagar.

Consumer Grievances Redressal Forum, Kumaun Zone, Haldwani, District – Nainital. .............Respondents. Dated: 02.08.2006 Hon’ble Rajesh Tandon, J.

Heard Sri Gopal Narain, Advocate for the petitioner and Standing Counsel for the respondent no. 2. By the present writ petitions, the petitioner has prayed for a writ of certiorari quashing the order dated 29th May, 2006 passed by the respondent no. 2. Briefly stated, respondent no. 2 has challenged the tariff challenging the bills sent by the petitioner. The District Consumer Redressal Forum, Kumaon Region, Haldwani, District Nainital has passed the order in writ petition No. 994 (ms) of 2006 to the following effect:- “Moreover, it will not be out of place to mention that in clause 5 of RTS 7 (tariff dated 8-9-03) rate of charge there is no specific mention that in case if the amount calculated on 5 the basis of energy charge and fixed demand remains less than the minimum charges then minimum charges shall be claimed in clause 5 after the words to the ategory “the words of minimum charges whichever are higher have not been written.

The schedule given in rate of charge gives the rates of energy charge fixed demand and minimum charge. If minimum charges are to be claimed there should be specific mention that in case the amount calculated on the basis of energy charges and fixed demand remain less than the amount calculated on the basis of minimum charges then minimum charge shall be claimed. By simply mentioning minimum charge in the schedule forum cannot hold that it will apply in this case. In view of the above discussions there remain no doubt that the minimum charges during off season period in seasonal industries will not apply and the department can claim energy charges and fixed demand with the condition that the billable demand shall be actual demand. It may also be mentioned that in the previous tariff it was specifically mentioned that minimum charges shall apply to seasonal industries. Forum may also mention that he above discussion is relevant or applicable to the cases where the question of off season period in seasonal industries is concerned.

Above observation or discussion will not apply to her cases except off season period cases. In view of the above discussions the department should take steps to revise the bills of the complainants. No relief can be given in case no. 16/2004 M/s Bansal Dal Mill Rudrapur Case No. 08/2004 M/s Rudrapur Paddy Products Rudrapur and case no. 17/2004 M/s Shiv Shakti 6 Rice Mill Rudrapur. They may file fresh proper applications before the forum it they like.” Section 110 of the Electricity Act, 2003 provides that there shall be an establishment of the appellate Tribunal for the hearing of the appeals against the order of the adjudicating officer or of appropriate commission under this Act. Section 110 of the Electricity Act, 2003 is quoted below:-

110.. Establishment of Appellate Tribunal. –The Central Government shall, by notification, establish an Appellate Tribunal to be known as the Appellate Tribunal for Electricity to hear appeals against the orders of the adjudicating officer or the Appropriate Commission under this Act.

A perusal of the aforesaid provision shows that the order having been passed by the District Consumer Redressal Forum, the appeal lies before the appellate Tribunal.