Before the MAHARASHTRA ELECTRICITY REGULATORY COMMISSION World Trade Centre, Centre No.1, 13th Floor, Cuffe Parade, Mumbai 400 005 Tel. No. 022 22163964/65/69 Fax 022 22163976 E-mail: mercindia@merc.gov.in Website: www.merc.gov.in/www.mercindia.org.in In the matter of Petition filed by Sayagi U BA KHIN Memorial Trust (Vipassana International Academy) Seeking reclassification Of Tariff Category under HT- VI Residential for part of load related residential purpose and rest of load under HT IX (Public Service). Shri. Vijay L. Sonavane, Member Smt.Chandra Iyengar, Member Sayagi U BA KHIN Memorial Trust (Vipassana International Academy)... Petitioner. Maharashtra Electricity Distribution Company limited (MSEDCL)... Respondent. Present during the hearings: For the Petitioner: 1) Shri. B.M. Kamble 2) Shri. N.S. Dasarwar For the Opponents: 1) Shri. Kishor Pardeshi, S.E, MSEDCL 2) Shri. Sandip Kene, Asst. Law Officer, MSEDCL ORDER Dated: December 24, 2013 Sayagi U BA KHIN Memorial Trust (Vipassana International Academy) filed a Petition against MSEDCL on 21 November, 2013 seeking reclassification Of Tariff Category under HT- VI Residential, for part of load related residential purpose and rest of load under HT IX (Public Service). Page 1 of 5
2. The prayers in the Petition are as under: 1) To admit the Petition for classification of load related to Residential purpose under HT VI Residential category of MSEDCL tariff schedule in Case No.19 of 2012 and direct MSEDCL to levy tariff as per HT VI Residential category; 2) To direct MSEDCL to levy the Charges of HT-IX Public Service only to the portion of meditation hall, which is used for meditation purpose and has approx load of 30% of the consumption 3) To pass any other order as the Hon ble Commission may deem fit and appropriate under the circumstances of the case and in the interest of justice. 4) To condone any error / omission and to give opportunity to rectify the same. 5) To permit MSEDCL to make further submissions, addition and alteration to this petition as may be necessary from time to time. 3. The Petitioner submitted in his Petition as below, a) The Petitioner, Sayagi U BA KHIN Memorial Trust is a trust registered under Public Charitable Trust Act, 1950 with main activity to run the meditation institute named Vipassana International Academy (VIA), which is situated at Igatpuri, Maharashtra. The meditation courses offered to the public in Vipassana International Academy (VIA) are free of cost. The main objective of VIA is to conduct Vipassana meditation courses. No fees / donations are charged for the teaching, food or lodging. There is no government grant to the trust. All activities are supported solely through voluntary contributions made by the benefited meditators. b) The Petitioner is a HT Consumer of MSEDCL having contract demand of 145 kva with consumer No. 052019010601. It has monthly consumption of 25000 to 50000 units. c) The Petitioner had been charged by MSEDCL at Rs. 4.82 / kwh, which is tariff applicable for HT - VI ( bulk) residential premises as per the tariff Order in Case No.19 of 2012; as the major part was the residential colonies for meditators, Page 2 of 5
teachers, residence for long term Dhamma servers. The relevant paragraph of the Order is reproduced as below,.. Applicability Applicable for consumers taking supply at HT voltages at single point for consumption within HT Residential Complexes, viz., Group Housing Societies, Colonies of industrial consumers and educational institutions, Government and Private Pure Residential Housing Colonies, Government and Private Mix ( Residential + Commercial) Housing Colonies and Commercial Complexes only. d) The Petitioner further submitted that, the Commission vide Supplementary Order on 22 May, 2013 had revised the tariff schedule for the applicability of the HT- IX ( HT Public Services) which is reproduced as below, Applicability This Tariff shall be applicable to education institutes, hospitals, dispensaries, primary health care centers, pathology laboratories, Spiritual Organization which are service oriented, Police Stations, Post offices, Defense establishments (army, navy and air force), Public libraries and Reading rooms, Railway except traction (shops on the platforms/railway station/bus stands will be billed under Commercial category as per the respective slab), State transport establishments; Railway and State Transport Workshops, Fire Service Stations, Jails, Prisons, Courts; Airports (only activities related to aeronautical operations)sports Club / Health Club / Gymnasium / Swimming Pool attached to the Educational Institution / Hospital provided said Sports Club / Health Club / Gymnasium /Swimming Pool is situated in the same premises and is exclusively meant for the students / patients of such Educational Institutions & Hospitals. e) The Petitioner submitted that, as per the aforesaid Order; the Petitioner has been categorized under HT-IX (Public Service) category and has been regularly paying the monthly bill at Tariff rate of Rs.7.65 /kwh. This is contributing large amount in its bill. f) The Petitioner submitted that 70 % load of this centre is Residential load for the residence of the meditators and the teachers; the remaining 30 % load is of the meditation halls in the premises. g) The tariff levied by the MSEDCL after re-categorization under HT-IX public service has been increased from Rs.4.82/kWh to Rs.7.65 /kwh.it has financially impacted the centre, in view of the above the Petitioner submitted before the Page 3 of 5
Commission that, the Commission may refer to re-classification of load related to residential purpose. i.e. 70% of load under HT-VI Residential category of MSEDCL tariff schedule in Case No.19 of 2012 and direct MSEDCL to levy tariff as per HT-VI Residential category. MSEDCL to levy the charges of HT-IX only to the portion of meditation hall, which is 30 % of the total load. 4. The Commission, vide notice dated 28 November, 2013 scheduled a hearing in the matter on 19 December, 2013 and directed the Petitioner to serve a copy of the Petition on the Respondent and Authorized Consumer Representatives. 5. MSEDCL filed a submission on 18 December,2013 vide its letter no.7883 dated 13December,2013 which is briefed as below, a) MSEDCL submitted that the Petitioner is a HT IX (public service) category consumer of the MSEDCL having its consumer No. 052019010601 situated at Igatpuri. b) MSEDCL submitted that as per the tariff Order dated 22May, 2013 and MSEDCL Circular NO. 203 dated 16 July, 2013, the consumer classified as HT IX (public service) category. c) MSEDCL submitted that as per provisions of MSEDCL s circular as per MERC (Electricity supply code & other conditions of supply) Regulations, 2005, the request of the Petitioner cannot be permitted. d) Hence MSEDCL prayed to the Commission to dismiss the Petition/Any Other Order in the interest of justice may be passed. 6. During the hearing held on 19 December, 2013, the Commission heard Petitioner and Respondent. The Commission asked the Petitioner to explain the jurisdiction and his Prayers to the Commission. 7. Having heard both the Parties the Commission observed that, the present Petition filed by Sayagi U BA KHIN Memorial Trust (Vipassana International Academy) is neither a review nor a clarification Petition for the MSEDCL Tariff Order. The Petitioner did not mention any provision of law under which the Petition is filed before Commission. Present Petition is related to the consumer classification and implementation of the Tariff Order of the MSEDCL. As regards the Prayer 1 and 2 of the Petition, these being consumer specific Prayers, may be dealt with by MSEDCL field office as per the prevalent norms. The Commission directs the Petitioner to approach MSEDCL for their resolution. For new consumer classification, the Page 4 of 5
Petitioner may submit its request during the Multi Year Tariff Process of MSEDCL. 8. Summary of the findings: Present Petition is related to the consumer classification and implementation of the Tariff Order of the MSEDCL. As regards to the Prayer No. 1 and No. 2 of the Petition, these being consumer specific Prayers, may be dealt with MSEDCL field office as per the prevalent norms. The Commission directs the Petitioner to approach MSEDCL for their resolution. For new consumer classification, the Petitioner may submit its request during the Multi Year Tariff Process of MSEDCL. The Commission dismisses the Petition as it is not maintainable. With the above Observations and directions, the Commission disposes off the Petition in the matter of Case No.169 of 2013. S D Sd/- Sd/- (Chandra Iyengar) (Vijay L. Sonavane) Member Member Page 5 of 5