SUPERINTENDING ENGINEER Vs. INDO LAHRI BIO POWER LTD

JUDGEMENT

(1.) Heard.

(2.) The petitioner is a Licensee under Section 14 of the Electricity Act, 2003, who is engaged in distribution of electrical energy to the public at large. The respondent has established a power plant based on rice husk and generating electricity. A power purchase agreement was executed between the petitioner and the respondent in the matter of purchase of electricity by the petitioner from the respondent. The respondent had paid an amount of Rs.29,68,769/- to the petitioner for transmission of electricity by the respondent under the power purchase agreement. The aforesaid facts are undisputed between the parties.

(3.) In course of time, a dispute arose between the petitioner and respondent when the petitioner used the transmission lines laid at the cost of respondent, for being used for transmission of electricity to other consumers of the petitioner. This gave arise to the grievance and respondent submitted a complaint before the Electricity Consumers Grievances Redressal Forum. Notices were issued to the petitioner and reply was obtained and the Forum passed an order on 31.12.2009 whereby directed the petitioner to refund an amount of Rs.9,59,044/- along with simple interest of 9% per annum from the date of completion of the work till date and also directed to connect the electricity supply to the respondent from independent 33 KV feeder from Saragaon S/s. within stipulated period. The petitioner preferred a review petition before the Forum which was partly allowed in so far as the rate of interest is concerned.