Don’t take coercive action against HT consumers: HC

Mills file writ pleas against levying of maximum demand charges

May 13, 2020 08:06 pm | Updated 08:06 pm IST

MADURAI

Tamil Nadu Generation and Distribution Corporation (Tangedco) has preferred an appeal before the Appellate Tribunal for Electricity (APTEL) against Tamil Nadu Electricity Regulatory Commission’s (TNERC) suo motu order that has directed it to collect 20% of the sanctioned demand or recorded demand, whichever is higher, as minimum demand charges from high tension (HT) consumers.

The State informed the Madurai Bench of the Madras High Court of the development on Wednesday after Tamil Nadu Spinning Mills Association, Dindigul, and Thiagarajar Mills, Madurai, filed writ petitions before the High Court, aggrieved by the actions of the Superintending Engineers in billing the current consumption charges for April at 90% of the sanctioned demand.

The petitioners argued that in view of the nationwide lockdown, all mills had stopped their operations. Their consumption of electricity was only minimal to the extent of maintenance for safety and security purposes.

As per the provisions of the Tamil Nadu Electricity Supply Code, 2004, in normal circumstances the Superintending Engineers would issue current consumption charges bills on actual consumption of electricity at the fixed tariff and also a fixed charge called maximum demand charge at 90% of the sanctioned demand or recorded demand, whichever was higher.

However, taking into account the extraordinary circumstances, Tangedco should act as per Regulation 6 of the Code by levying minimum demand charges to the extent of 20% of the sanctioned demand or the recorded demand, whichever was higher, when the consumer was not getting supply of electricity either fully or partially, the petitioners said.

They said that following a number of representations sent to the TNERC by various trade bodies, it directed the Tangedco on May 4 to levy the minimum demand charges for industrial consumers as provided under the Code from March 24 till the lockdown was fully lifted. However, this order was not followed and HT consumers were charged maximum demand charge of 90% for April.

Taking into account the submissions made in the case, Justice C.V. Karthikeyan directed Tangedco to file a counter in the case and not to take any coercive steps against the mills till then. The case was adjourned till May 26.

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