BEFORETHE UTTAR PRADESH ELECTRICITY REGULATORY COMMISSION,LUCKNOW
Quorum
1. ShriDesh Deepak Verma, Chairman
2. Shri S K Agarwal, Member
IN THE MATTER OF:
under section 142 of the Electricity Act 2003 for non compliance of Tariff Order issued by the Commission..
And
IN THE MATTER OF:
ShriAvadhesh Kumar Verma, Chairman, U.P. RajyaVidyutUpbhoktaParishad.
Petitioner
Vs
- ShriHariPrakash Gupta, Chief Engineer, Kanpur Zone DaskhinanchalVidyutVitran Nigam Ltd.
- Shri R. K. Agarwal, Chief Engineer, Bareilly Zone MadhyancahlVidyutVitran Nigam Ltd.
- Shri Rajeev Kumar Sharma, Chief Engineer, Varanasi Zone PurvanchalVidyutVitran Nigam Ltd., Varanasi
Respondent
ORDER
( Hearing on 18.10.2016)
The Commission vide its letter no. UPERC/Secy/D (Tariff)/16-2281 dated March 10.2016 to the Managing Director, DVVNL had sought a report on the following issue that whether the rural consumers & unmetered farmers are being charged a higher tariff retrospectively on the basis of objections raised by the A&G in regard to implementation of rural / urban schedule( like inEtawah District.)
Also, they were asked to apprise the Commission that whether the rural unmetered LMV-5 consumers are presumably being charged at urban tariffs due to increased hours of supply.
Further the Commission vide its letter no. UPERC / Secy /D (Tariff) / 2016-2379 dated March 30, 2016 to the Managing Director, DakshinanchalVidyutVitran Nigam Ltd. brought to the notice the complaints regarding the levy of urban tariff on the consumers residing in the rural areas of Etawah. The Commission has not received any reply from the Discoms on this issue.
The Commission vide its letter no. UPERC / Secy /VCA / 2016-328 dated May 31, 2016 to the Managing Director, MadhyancahlVidyutVitran Nigam Ltd. brought into notice the complaints regarding the levy of urban tariff from the consumers residing in the rural areas of seven villages under Beheri. The Commission has not received any reply from the Discoms on this issue.
The Commission vide its letter no. UPERC/ D (Tariff) / 2016-480 dated June 21, 2016 to UPPCL brought into notice the complaints regarding the levy of urban tariff to the consumers residing in the rural areas of Varanasi (Shivpur, Harahua). The Commission has not received any reply form the Discoms on this issue.
The Commission in exercise of its power vested under Section 94(1) of the Electricity Act, 2003issued a notice on July 15, 2016 to Chief Engineers of Kanpur, Bareilly and Varanasi Zones to appear before the Commission and to answer all material questions related to the matter along with required documents on August 3, 2016 at 11:30 hrs. in the office of the Commission.
The Commission’s order dated 9.8.2016 is as follows:
At the outset, the Commission showed its displeasure on non-submission of replies of the letters sent by the Commission to the Discoms despite many reminders. It was strongly conveyed to the representatives of the Discoms that any information sought by the Commission should be submitted in due time, any laxity in this would not be accepted.
On the issue of billing under wrong tariff on which the proceedings have been initiated under section 142 & taking into consideration the submissions made by the Chief Engineers of the Discoms, the Commission directed them to submit their replies on an affidavit stating the details as put up by them during the hearing with a copy to the petitioner. Petitioner may file a counter, if he so desires, within 15 days of receipt of the affidavit.
It has been alleged that bills relating to previous years have also been raised based on this. Petitioner argued that no retrospective billing can be done as per the Hon’ble APTEL Order. The Commission directs the Licensees to stop this practice till final orders of the Commission in this matter. The Commission also enquired that why such amount should not be recovered with due interest from the Licensees.
Taking the cognizance of absence of Chief Engineer, Kanpur zone the Commission directed to issue notices to MD, DVVNL and Chief Engineer, Kanpur Zone asking them to clarify regarding their non-submission of reply and absence. The Commission further directed that Chief Engineer, Kanpur Zone should explain as to why for his absence on August 3, 2016, a penalty of Rs. 50,000/- should not be imposed on him under section 142 of the Electricity Act, 2003.
The next date of hearing shall be intimated subsequently.
During the hearing on 18.10.2016, ShriAvadhesh Kumar Verma submitted that the dicoms are charging urban tariff instead of rural tariff from the consumers who are being supplied electricity from rural feeders.
The Commission directed that the matter of each Chief Engineer should be taken one by one.
The Commission enquired Chief Engineer, Electricity Distribution Zone, Varanasiregarding the status of billing in the villages namely Pisaur, Bhawanipur, Haraua and Daniyalpur.
Chief Engineer, Electricity Distribution Zone, Varanasi submitted
- Haraua area under EDD-1, Varanasi is fed as per rural schedule and is billed as per Rural Tariff.
- Pisaur, Bhawanipur and Daniyalpur are under Shivpur, Varanasi and fed bypisaur feeder which was earlier rural feeder but was changed to urban feeder as per the order’s of CMD, UPPCL on January, 2012.
So it is evident that the areas fed through rural feeders are billed as per rural tariff whereas areas fed from urban feeders are billed as per urban tariff.
The Commission enquired Chief Engineer, Electricity Distribution Zone, Bareilly that what is the status of billing in the villages namely Manvapatti, Karimganj, Tanda, Chhanga, Chuvakiya, GuladiyaBhawani, Ishwarpur and Kalyanpur.These areas are fed from 11 KV Baheri Feeder emanating from 33/11 KV sub-station Kiccha in Uttrakhand. As these areas are supplied electricity for 16 to 20 hrs per day as per urban schedule for last many years which is more than the rural schedule in State of UP.
Therefore these areas are billed as per urban schedule.
ShriAvadhesh Kumar Vermaproduced letter no. 600 dated 14.7.2016 of Superintending Engineer, Bareilly which states that as per letter no. 740 dated 1.3.2016 of Executive Engineer, Electricity Distribution Division, Rudrapur that 11 KV Baheri Feeder is a rural feeder and is fed as per rural schedule.
The Commission enquired Chief Engineer, Electricity Distribution Zone, Kanpur that what is the status of billing in the villages of Etwah.
The Chief Engineer, Electricity Distribution Zone, Kanpur submitted that PTW in the rural area in the Etwah are fed from different 33/11 KV sub-stations that CAG Audit in October, 2013 in its audit objections pointed that the PTWs in the rural areas are getting more than 10 hrs of supply which is more than the rural schedule, but are billed as per rural tariff although they should be billed as per urban schedule. In compliance to this CAG Audit objections the then Executive Engineer changed the billing of all these PTWs consumers from rural tariff to urban tariff from February, 2012.
Commission’s Analysis:
- The Commission finds that the complaint regarding charging of urban tariff instead of rural tariff Haraua, Pisaur, Bhawanipur and Daniyalpur does not hold any ground because
a.Haraua area under EDD-1, Varanasi is fed as per rural schedule and is billed in terms of Rural Tariff.
b.Pisaur, Bhawanipur and Daniyalpur are under Shivpur, Varanasi and fed bypisaur feeder which was earlier rural feeder and was changed to urban feeder as per the order’s of CMD, UPPCL on January, 2012.
Therefore the complaint in this matter is rejected.
- The Commission finds that the PTW in the rural area in the Etwah are fed from various 33/11 KV sub-stations through rural feeders. The Licensee has revised the bills on the basis of increased supply from these rural feeders. The Commission has clearly indicated separate tariff for rural and urban feeders. Therefore the consumers connected with rural feeders should be charged rural tariff. Merely increased hours of supply on rural feeders cannot be a basis for charging the urban tariff. The Licensee should take the decision accordingly.
- The Commission observes that the villages namely Manvapatti, Karimganj, Tanda, Chhanga, Chuvakiya, GuladiyaBhawani, Ishwarpur and Kalyanpurare fed from 11 KV Baheri Feeder emanating from 33/11 KV sub-station Kiccha in Uttrakhand. Since Baheri feeder is a rural feeder therefore the consumers being fed from this feeder can not be charged urban tariff merely on the ground that increased supply was available on this feeder. If the Licensee intended to charge urban tariff it should have declared this feeder as urban feeder.
The Commission directs all the Distribution Licensees in the State that the similar approach should be adopted by them in billing the consumers of the rural areas which are fed through rural feeders.If the Licensee intends to provide urban supply in any area, the concerned feeders should be declared urban feeder to bill the consumers accordingly.
With these directions the Petition is disposed off.
(S. K. Agarwal)
Member
/(Desh Deepak Verma)
Chairman
Place: Lucknow
Dated: 01 /12/2016
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