Court : Appellate Tribunal for Electricity APTEL
..... the appellant has also not been able to cite any sections of the 2003 act, rules or regulations which would entitle him to any compensation for the injection of power without any schedule and agreement. ..... in the electricity grid, the sldc, in accordance with section 32 of the act is responsible for scheduling and dispatch of electricity within the state, to monitor the grid operations, to exercise supervision and control over the intra-state transmission system and to carry out grid control and dispatch ..... our opinion the section 70 and 72 of the indian contracts act, 1872 will not be applicable in the present case. ..... obligation of person enjoying benefit of non-gratuitous act where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such another person enjoys the benefit thereof, the letter is bound to make compensation to the former in respect of, or ..... the present case is governed by the electricity act, 2003 which is a complete code in itself ..... appellant has referred to sections 70 and 72 of the indian contracts act, 1872 which are reproduced below: 70. ..... according to section 32(2)(a) of the 2003 act, the state load dispatch centre is responsible for optimum scheduling and despatch of electricity within the state in accordance with the contracts entered into with the licensees or the generating companies operating in the ..... reported in (1978) 2 scc 493 relied upon by the appellant will also not be of any relevance. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... in response to the state commissions letter dated 18.3.2013, the state govt vide letter dated 23.3.2013 issued directions under section 108 of the electricity act, 2003 to make uniform supply tariff for all the categories of consumers across all the discoms of the state for fy 2013-14 in the ..... blindly adopted the directions/suggestions of the state government or has applied its mind before taking a final decision: (a) uniform tariff in all discoms: the state government had issued direction u/s 108 of the act to provide for uniform retail supply tariff across all the distribution licensees instead of different tariffs for similar categories of consumers. ..... thus, even before the communication dated 23.3.2013 from the state government giving direction u/s 108 of the act for keeping uniform tariff across all the distribution licensees, the state commission had proposed a uniform tariff after considering the subsidy of rs.5000 crorers communicated by the state government ..... summary of our findings (a) we find that the state governments direction to the state commission u/s 108 of the act through letter dated 23.3.2013 was only with regard to uniform retail supply tariff across all the distribution licensees instead of different tariffs for similar ..... however, after receipt of the first communication dated 12.3.2013 regarding subsidy u/s 65 of the electricity act, the state commission revised the tariffs for lt domestic and agriculture categories and provided for uniform tariff for all the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... direct the licensee to charge a certain consumer at a rate different from the applicable rate, the tribunal upon examination of the provision of section 62 (3) of electricity act, 2003 observed that the act does not permit the commission to show undue preference to any consumer but differentiation is possible only within the parameters laid down in that section itself and it was not ..... power at 11 kv rates to respondent no.3 does not constitute any discrimination against other ht consumers in the state in terms of section 62(3) of the act as both the nature and purpose of supply to respondent no.3 is different from that of other ht consumers as (i) other ht consumers are consumers on request under section 43 of the act, whereas respondent no.3 has not any time requested the appellant for supply of power at 11 kv but has instead been asked to consume it at ..... commander, coast guard regions and others ..... order dated 26.8.2010 arose out of steel companys petition filed before the commission praying for adjudication of disputes under section 86 (1)(f) of the act, 2003 relating to supply of surplus power from cgp of steel company to gridco at 11 kv through the 11 kv bus bar ..... it is better we quote sub-section (3) of section 62:- the appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumers load factor, power factor, voltage, total consumption of electricity during any .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... restriction imposed by the state commission on the appellants- distribution companies to sell only to the state distribution licensees is not in consonance with the scheme and provisions of the act and the dictum laid down by honble supreme court in 16 scc 659(2009) tata power co. ..... if de-licensing of the generation is the prime object of the act, the courts while interpreting the provisions of the statute must guard itself from doing so in such a manner which would defeat the purpose thereof. ..... consequently the commission decides that in accordance with section 40 and 42 of the electricity act, 2003 the transmission/distribution licensee, as the case may be, shall build, maintain and operate the transmission lines from the point of energy metering upto a distance of 10 kms depending upon the location of the project. ..... according to the learned counsel for the appellant the issuance of policy dated 23.11.2005 was in the nature of giving directions to the state commission in public interest as envisaged under section 108 of the act in the matter of determination of tariff for electricity generated from renewable energy sources. ..... vii) whether the state commission was right in prohibiting sale of power to third party by the bio-mass project against the provisions of the electricity act 2003 which provided full freedom to a generating company to sell electricity to any person? .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... the findings in tarini case referred to above at iii) and iv) will also not be applicable to the present case as in tarini case the tariff was not determined under the provisions of the act and the tariff as per the guidelines of ministry of new and renewable energy which had no force of law was adopted. ..... clause 6.4 of the tariff policy specifies as under: 6.4 non-conventional sources of energy generation including co-generation: (1) pursuant to provisions of section 86(1)(e) of the act, the appropriate commission shall fix a minimum percentage for purchase of energy from such sources taking into account availability of such resources in the region and its impact on retail tariffs. ..... in the present case, the state commission has determined the tariff under the provisions of the act as per the norms decided in the tariff order dated 15.5.2007. 29. ..... vii) dealing with ppa under section 43 of the electricity (supply) act 1948 is also not applicable to the present case. ..... wheeling is defined under section 2 (76) of the electricity act, 2003 as under: (76) wheeling? ..... alternative submission made by the appellant is that the 2010 regulations cannot in any manner take away a statutory right vested on the generator to seek determination of tariff under section 62 and 64 of the electricity act, 2003. 23. ..... the appellant wants that the state commission should re-determine project specific tariff under section 62 of the electricity act, 2003. 14. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... the formula has to be specified, and section 2(62) clearly says that specified means specified by the regulations made by the appropriate commission or the authority , as the case may be , under this act, but in the instant case the formulae has not been specified by the commission in their regulations, and it is for the first time that the commission brought out the formula in the tariff order dated ..... order accepting the application with such modifications or such conditions as may be specified in that order; (b) reject the application for reasons to be recorded in writing if such application is not in accordance with the provisions of this act and the rules and regulations made thereunder or the provisions of any other law for the time being in force: provided that an applicant shall be given a reasonable opportunity of being heard before rejecting his application. ..... fact is that in the present appeal the formula is challenged not on the ground that the 21 formula as such is bad or illegal but on the ground that it violates the provision of section 62 (4) of the act which provides no tariff or part of any tariff may ordinarily be amended, more frequently than once in any financial year except in respect of any changes expressly permitted under the terms of any fuel surcharge formula as may ..... impugned were passed in complete violation of the provision of section 64 and 86 (3) of the act read with regulation 18 and 19 of the tariff regulations, 2007 framed by the state commission .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... submission of the appellants learned counsel on this issue, the learned counsel for the respondent no.3 has contended that according to section 46 of the electricity act, 2003, the licensees are authorized to recover its expenses reasonably for providing electric line or plant used for giving electricity supply to the consumers. ..... after considering the rival submissions and the provisions of section 62 (3) of the electricity act, 2003 we observe that the learned state commission has taken the correct stand while deciding this issue and the findings of the state commission on this issue is just proper and reasonable ..... rightly adopted this methodology under the provisions of section 62(3) of the electricity act, 2003 considering the geographical position of the area of the state of bihar ..... also be pointed out that neither the electricity act, 2003 nor the national tariff policy prohibits cross ..... this is an appeal under section 111 of the electricity act, 2003 filed by the appellant bihar industries association against the order dated 15.03.2013 passed by the bihar electricity regulatory commission (for short , state commission) ..... section 62(3) of the electricity act, 2003 postulates that appropriate commission shall not, while determining the tariff under this act, show undue preference to any consumer of electricity but may differentiate according to the consumer's load factor, power factor, voltage, total consumption of electricity during any specified period or the time at which the .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL Appellate Jurisdiction
..... transmission licensee for inter-state transmission, including a person deemed to be a transmission licensee referred to under any of the provisos to section 14 of the electricity act, 2003, shall pay licence fee at the rate of 0.05% per annum of the annual transmission charges applicable for that year rounded off to the nearest one hundred ..... first time providing in regulation 4 that the transmission licensee for interstate transmission including a person deemed to be a transmission licensee referred to in the first, second, third, fourth and fifth proviso to section 14 of the electricity act 2003, for such purpose shall pay licence fee @ 0.05% p.a. ..... ' removal of difficulty' clause may empower the government to amend the parent act or any other act with a view to bring the parent act into full operation. ..... extension is to empower the delegate, "if any, difficulty arises in bringing the act into operation to remove the difficulty by order. ..... no.1 is central electricity regulatory commission (hereinafter referred to as central commission) established under section 3 of electricity regulatory commissions act, 1998 and deemed to be a central commission under section 76(2) of electricity act, 2003 for the purpose of electricity act, 2003. ..... that on enforcement of the electricity act 2003, on 10.06.2003, respondent no.2 had become a deemed licensee but after one year it had to take a licence for transmission ..... 22 of 2011, under section 111 of the electricity act, 2003, whereby the respondent no. .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... , the state commission has gone ahead to fix the purchase price of the wind mill without being conscious of the fact that as per sec 61 of the electricity act, the commission while fixing the tariff must safeguard the consumers interests and at the same time, shall provide for the recovery for the cost of electricity in a reasonable ..... (ix) the state commission has fixed the purchase price of wind mill without being conscious of the fact that as per section 61 of the electricity act, the appropriate commission must safeguard the interest of the consumers, while fixing the tariff besides providing for the recovery for the cost of electricity in ..... 6.4 of tariff policy is reproduced below: 6.4 non-conventional sources of energy generation including co-generation: (1) pursuant to provisions of section 86(1)(e) of the act, the appropriate commission shall fix a minimum percentage for purchase of energy from such sources taking into account availability of such resources in the region and its ..... state commission has gone beyond the national tariff policy especially when sections 61 and 86(1)(e) of the electricity act 2003, enjoin the state commission to discharge its function based on national electricity policy and tariff policy. ..... 43 state commissions views in the issue are as below: 8.8 adjustment of generated energy section 9 (2) of the electricity act 2003 confers on the captive generator the right to open access for the purpose of carrying electricity from the captive plant to .....
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
..... the national electricity policy notified by government of india on 12.02.05 in exercise of its power under section 3 of the electricity act 2003 also deals with co-generation and non-conventional energy sources. ..... laid stress on the use of the word a used in section 62 which says that the appropriate commission shall determine tariff in accordance with the provisions of this act for- supply of electricity by a generating company to a distribution licensee (emphasis applied). ..... grounds raised in the appeal can be stated briefly as under: the impugned order is contrary to the provisions of the electricity act, 2003 (the act for short) and national electricity policy (nep for short), framed under the act as also against orders of this tribunal. ..... the appropriate commission shall, subject to the provisions of this act, specify the terms and conditions for the determination of tariff, and in doing so, shall be guided by the following, namely:- (a) (b) (c) (d) (e) (f) ..... stated that this is against the provision of the act which requires cross subsidy to be gradually reduced. ..... attention is drawn to the provision of section 63 of the act which directs the appropriate commission to adopt the tariff if such tariff is determined through a transparent process ..... , the common plea taken by the appellant in the two appeals is that the promotional measures in these regards are far beyond what are prescribed by section 86 (1) (e) of the act, read with the national electricity policy. .....
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