Section 8(10) in The Energy Conservation (Energy Consumption Norms and Standards for Designated Consumers, Form, Time within which, and Manner of Preparation and Implementation of Scheme, Procedure for issue or purchase of Energy Saving Certificate and Value of Per Metric Tonne of Oil Equivalent of Energy Consumed) Rules, 2012
(10)Where the verification report given by the accredited energy auditor secures an unfair or undue gain due to the deficiencies or inconsistencies or errors or misrepresentation by the designated consumer, the quantum of such gain shall be calculated having regard to the following factors, namely-(a)the value of the amount payable by such designated consumer shall be as worked out in the verification report plus twenty-five per cent of such value because of unfair practice used by the said designated consumer for obtaining unfair advantage:(b)[ the amount of metric tonne of oil equivalent of energy on account of unfair gain identified due to check-verification and the price of the said amount of energy shall be calculated as per rule 16 based on the assessment year of the respective cycle.] [Substituted by Notification No. G.S.R. 409(E), dated 26.4.2018 (w.e.f. 30.3.2012).](ba)[ the value of per metric tonne of oil equivalent of energy shall be taken from notified value of the respective target year under these rules;] [Inserted by Notification No. G.S.R. 373(E), dated 31.3.2016 (w.e.f. 30.3.2012).](c)cost of check-verification.
