Power regulator DERC was today accused in a PIL in the Delhi High Court of permitting collection of Rs 3,020 crore since 2011, towards a government pension fund from consumers through their electricity bills without informing them.
The plea was listed for hearing before a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar which sought the responses of the Centre, AAP government, the Delhi Electricity Regulatory Commission (DERC) and the three power distribution companies (discoms) here by January 18.
The public interest litigation has sought quashing of the tariff orders issued by DERC since 2011 to the extent that they permit collection of a contribution from consumers towards the pension fund.
Besides, the plea has sought a stay on the implementation of the DERC tariff order for the financial year 2017-18, claiming it intends to collect Rs 694 crore more towards the pension fund from consumers.
The plea by one Sudhanshu M Kumar alleges that of the Rs 694 crore, Rs 270.33 crore has already been recovered by making it part of the discoms' Annual Revenue Requirement (ARR) which is then set of against the revenue received from the consumers.
It has claimed that including the pension trust fund contribution in the ARR was illegal.
The petition has said that the remaining Rs 423.67 crore is proposed to be recovered by levying a surcharge of 3.7 per cent on the consumers from September this year to March 2018.
The petitioner has alleged that the levy was an "enforced contribution" as consumers have no knowledge about it as it is not reflected in the electricity bills and the consumers have not received any benefit for it.
The plea also claims that the contribution was supposed to be a temporary feature, but over the years it has become a permanent annual feature.
It has contended that the tariff orders issued by DERC since 2011 were arbitrary and without jurisdiction.
The plea has also sought refund of Rs 3,020 crore allegedly collected since 2011 from consumers for this fund or to adjust the amount in the future bills.
It has sought a direction to the discoms -- BSES Rajdhani, BSES Yamuna and Tata Power Delhi Distribution Ltd -- not to recover the contribution from consumers in full or part in this financial year.
It has also sought a stay on the levy of 3.7 per cent surcharge as ordered by DERC.
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