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8. We have considered the submissions of the learned counsel for the parties and perused the facts of the case. It is true that the Electricity Regulatory Commission in the Tariff Order of 2003-04 at page 84 observed that, the difference between fixed charge and minimum charges is that while fixed charges are charged from consumers irrespective of consumption, minimum charges are levied only when the bill of the consumer is less than a pre-specified amount. And thereafter the Commission considered the question of levying of fixed/Demand Charges and observed as follows:

"Ideally, the fixed, Demand Charge should be levied in proportion to the demand placed by an individual consumer on the system. This is so because it facilitates the utilitity in designing an appropriate system to cater to the supply needs of the consumer and is, therefore, a just and fair mechanism for recovering fixed costs of the system. Thus, the fixed/Demand Charge should be proportionally related to the load of the category. In the existing tariff structure, all consumer categories are paying a fixed charge on the basis of their load except the domestic consumers and unmetered commercial consumers who are paying a fixed charge on a part connection basis. The Commission has not change the basis for levying fixed charge on this category in this Tariff Order as the information and database of the Board is not adequate. The Commission, however, intends to move in this direction in future and directs that the Board should made efforts to update its existing database on connected load."