Additional FPPCA for the period Apr 2012 to Mar 2015 by DNHPDCL in the month of Oct 2015 Energy Bill
Dear all,
Please refer to our email dated 16 Nov 15 and dated 17 Nov 15 on above subject.
1. Coordination group of all three Associations have consulted Advocates, Advisors and met concerned Government Officials and had detailed deliberations within the Group.
2. Now, it has been decided that matter will be challenged before the JERC to quash / recall the bills for the month of October 2015 to the extent of earlier period.
3. The term no. of JERC orders in the Petition No. 79/2012 says as under :-
“For the purpose of Fuel & Power Purchase Cost Adjustment, all the bills admitted and credits, if any, received by the distribution licensee during the period in consideration, irrespective of the period to which they pertain, shall be considered. The bills or credits for earlier period will not be considered for the purpose of FPPCA”
4. DNHPDCL Officials have told us that they will forward their computations to JERC very soon and they will act further on JERC’s orders. If, there is no order from JERC, they will continue with the recovery.
5. Our Advocate has opined that there enough grounds to get the bills quashed.
6. The crux of the matter is that, NTPC has forwarded a bill for Rs. 31 crore (approx) for the aforesaid period in the month of September 2015 to DNHPDCL in accordance with their petition settled by the JERC in the month of August 2015. At DNHPDCL, if amount is charged as FPPCA, the surplus of DNHPDCL will remain intact, while if, it is not charged as FPPCA, consumers will not have to pay and surplus will be reduced to that extent. Amount of 10 crore has already been mopped in the bills for Oct. 15 and remaining will be collected through the bills for Nov. & Dec, 2015.
7. All Associations will jointly file the petition and challenge charging of additional FPPCA before FPPCA in next week.
8. Members are requested to make the payment of the bill, for October 2015 in full, but file a letter of protest with DNH PDCL (specimen given below) under intimation to the Co-ordination Group of all three Associations.
9. Members should send their contributions as mentioned in the email dated 17 Nov 15 immediately. The extract is reproduced below:
“Since, such matters will be required to engage Advocates; visits of representatives of three Associations to New Delhi, a fund should be established. Each 66 KVA consumer will contribute Rs 25000/- or more and Rs 11 KVA/express feeders consumers will contribute Rs 10,000/- and all others are requested to contribute Rs. 5000/- towards the fund in next two days. Consumers with 220 KVA should also contribute, but amount was left their wisdom. They will decide their own based on the scale at which other consumers are contributing.
It has decided been unanimously by SIMA/ DNHIA and SIA that all contributions are to be made in favour of “Silvassa Industries Association” through cheque. Accounts of these special funds will be separately maintained at SIA. All expenses from this special fund will be made after approval of Presidents of all three Associations.”
Thanking you,
With regards,
For Silvassa Industries & Manufacturers Association
Narendra Trivedi
Secretary
SPECIMEN DRAFT
(It should be submitted on Company’s letter head)
Letter to Protest
To,
The GM Finance,
DNHPDCL,
Silvassa
Subject: Under Protest Payment of Energy Bill for month of October 2015
Sir,
1. Our Consumer No. is …………….. Our bill for the month for October contains additional FPPCA for the period from April 2012 to March 2015 amounting to Rs. ………….
2. This amount is not chargeable by you and not payable by us as additional FPPCA and therefore, the Association to we are a member is filing a suitable petition, before suitable Authority to get the bill quashed to above extent on our behalf.
3. However, to buy peace, we have made online payment of the said bill in full with the protest and reserving our right to claim the refund back, if, competent authority declares the said bill as unlawful.
Please take this on record and acknowledge the receipt.
Yours faithfully,
Authorized Signatory
CC : To The Co-ordination Group of SIA, SIMA, DNHIA at SIA, Silvassa.
