Telangana High Court
WP/12470/2007 of M/s. Rajeswari Stone Crushers Vs The Southern Power Distributors Company of A.P. Limited on 30 December 2014
SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.12470 of 2007 ORDER: Heard the learned counsel for petitioner and the learned Standing Counsel for respondents. 2. The petitioner is a stone crushing unit situated at Thangellapalem Village, Thottambedu Mandal, Chittoor District. The power
THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAOWRIT PETITION No.12470 of 2007
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ORDER:
Heard the learned counsel for petitioner and the learned StandingCounsel for respondents.
2. The petitioner is a stone crushing unit situated at ThangellapalemVillage, Thottambedu Mandal, Chittoor District. The power supplyreleased to the petitioner was under category-IIIB. While so,the third respondent issued a bill for the month of May, 2007, wherein anamount of Rs.45,756.32 ps., was included under the head of low powerfactor surcharge. The petitioner submits that the power factor neverdropped below 0.75 in previous months. Since Condition No.12.2.2 ofthe Terms and Conditions of Supply states that if the power factor dropsbelow 0.75 and so remains for a period of 2 consecutive months, itempowers the company to collect the surcharge. Challenging theimposition of the said amount of Rs.45,756.32 ps., under the head of lowpower factor surcharge, the present Writ Petition was filed.
3. The learned Standing Counsel for the respondents submits that thelearned counsel for the petitioner has not extracted the full ConditionNo.12.2 of the Terms and Conditions of Supply which contains 12.2.1and 12.2.2. He further submits that the respondents imposed the lowpower factor surcharge as per Condition No.12.2.1, which says that thepower factor of the consumer’s installation shall not be less than 0.90and if the power factor falls below 0.90 during any month, the consumershall pay a surcharge as fixed in the Tariff Order by the Commissionfrom time to time. The petitioner relied on Condition No.12.2.2 ignoring12.2.1.
4. In view of the same, there is no illegality involved in the inclusion of the said amount. Hence, the Writ Petition is devoid of merits and isaccordingly dismissed. No costs. Miscellaneous Petitions pending, ifany in this Writ Petition, shall stand closed.
Date: 30.12.2014TJMR
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A.RAMALINGESWARA RAO, J