| The appellant, M/s Met-Rolla Steels Limited is a High Tension consumer with consumer code No HTB-24/3267, having a Contract Demand of 2500 kVA, under Electrical Section, Velloorkunnam. It is a medium heavy industrial unit engaged in manufacturing of steel ingots and rolled steel products and started commercial production in the unit in the year 1996. The entire production of the factory came to a block due to a major plant and machinery breakdown on 24-01-2015. It is alleged that the production could only be resumed on 02-04-2015 after completing the repair works and the appellant is entitled to get waiver of minimum demand charges for the closed period of February 2015 and March 2015 as per Clause 16 (b) of HT agreement conditions.
But the respondent issued demand for the 75% of the contract demand as per differential pricing system with the aid of ToD meter as per the revised tariff order and based on the relevant Regulation in the Supply Code, 2014. Against the issuance of invoices for the month of February 2015 and March 2015, the appellant approached the Hon’ble High Court of Kerala by filing W.P. (C) No. 11840/2015 and the Hon’ble Court directed the Special Officer (Revenue) to consider the representation filed by the appellant. Pursuant to this, the Special Officer (Revenue) passed an order on 28-07-2015 rejecting the claim of the appellant. Challenging this, the appellant approached the Hon'ble CGRF Ernakulam requesting to set aside the impugned order and also prayed for a direction to refund/adjust the minimum demand remitted by the appellant for the months of 2/2015 and 3/2015. The CGRF, Ernakulam, vide order in OP No. 70/2015-16 dated 27-11-2015, disposed of the petition holding the demand issued by the respondent is valid. Against the decisions of the CGRF, the appellant has approached this Authority with this appeal petition.
As there is no valid agreement between the licensee and the appellant in tune with the model agreement annexed to Supply Code, 2014. the demand raised against the appellant for the month of February and March 2014 is not sustainable and hence quashed. The appeal petition is admitted. CGRF order dated 27-11-2015 is set aside. No order as to costs. |
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P/001/2016 Sri Kurian Varghese M/S Met-Rolla Steels (P) Ltd., Ernakulam. 