SILVASSA INDUSTRIES ASSOCIATION Vs. JOINT ELECTRICITY REGULATORY

JUDGEMENT

(1.) THE present appeal has been filed by Silvassa Industries Association against the tariff order dated 13.9.2011 passed by the Joint Electricity Regulatory Commission for the State of Goa and Union Territories ("Joint Commission") in Petition No. 32 of 2011 determining the Annual Revenue Requirement and tariff determination for the Union Territory of Dadra & Nagar Haveli for the financial year 2011 -12.

(2.) THE appellant is an Association of Industries at Silvassa having members who are consumers of the Electricity Department of Union Territory of Dadra and Nagar Haveli. The Joint Commission is the first respondent. The Electricity Department, responsible for distribution of electricity in the Union Territory of Dadra and Nagar Haveli, is the second respondent.

(3.) THE facts of the case are as under: 3.1. On 8th March, 2011, the respondent no. 2 filed petition for approval of ARR for the financial year 2011 -12. The Joint Commission, after the public hearing, passed the impugned order dated 13.09.2011 deciding the ARR and retail supply tariff for the FY 2011 -12 applicable from 1.6.2011. Though by the impugned tariff order the Joint Commission has maintained the tariff of the HT category to the previous year level, it has provided for power purchase cost adjustment allowing the utility to recover the charges according to Power Purchase Cost Adjustment formula from the consumers during the currency of the tariff year. Aggrieved by the impugned order, particularly the provision for power purchase cost adjustment by the respondent no. 2 during the currency of the tariff year, the appellants have filed this appeal. 3.2. The learned counsel for the appellant has submitted as under: