(1.) The petitioner before this Court is Uttarakhand Power Corporation Limited, which has challenged before this Court the order of the Ombudsman dtd. 12/12/2012, whereby the Ombudsman has allowed the representation of the consumer M/s Himgiri Ispat Ltd. (respondent before this Court), which has its industry in the industrial area, Kotdwar, Pauri Garhwal.
(2.) The question before this Court is regarding consumption of electricity during "Peak Hours". There is a dispute regarding the fact that a consumer, particularly when the electricity is being used for industrial or commercial purposes, has to pay a heavy penalty in case he consumes electricity during "Peak Hours".
(3.) The Regulatory Commission has got powers to impose restriction for use of electricity during "Peak Hours". These powers have been given under Sec. 23 of the Electricity Act, 2003 which reads as under:-