Section 7(7)(iii) in Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2014
(iii)where the capital cost considered in tariff by the Commission on the basis of projected capital cost as on COD or the projected additional capital expenditure exceeds the actual capital cost incurred on year to year basis by more than 5%, the generating company or the transmission licensee shall refund to the beneficiaries or the long term transmission customers /DICs as the case may be, the excess tariff recovered corresponding to excess capital cost, as approved by the Commission alongwith interest at 1.20 times of the bank rate as prevalent on 1st April of respective year: