ASSOCIATION OF APPROVED AND CLASSIFIED HOTELS OF KERALA Vs. KERALA STATE ELECTRICITY REGULATORY COMMISSION AND ORS.

JUDGEMENT

(1.) THE instant Appeal under Section 111 of the Electricity Act, 2003, has been preferred by the Association of Approved and Classified Hotels of Kerala (in short, the 'Appellant/Petitioner'), against the Impugned Order, dated 4.6.2014, passed by the Kerala State Electricity Regulatory Commission (in short, the 'State Commission)/Respondent No. 1 herein, in Petition No. 257/CT/2014, refusing to review or reconsider the Tariff Order, dated 30.4.2013, in O.P. No. 2 of 2013 as requested by the Appellant/petitioner.

(2.) ACCORDING to the Appellant, when the State commission was considering O.P. No. 2 of 2013, it was brought to the notice of the State Commission that the then existing tariff was under challenge before this Appellate Tribunal and the learned State Commission, at that time, after referring to the pendency of the appeal, directed in the tariff order that follow up action, if necessary, based on the judgment/order of this Appellate Tribunal would be taken. After the judgment of this Appellate Tribunal on the earlier tariff order and its affirmation by the Hon'ble Supreme Court, the State Commission was moved by the Appellant seeking follow up action as promised. However, the State Commission, by the impugned order, has rejected the petition for reconsideration on the ground that it had been filed beyond 90 days, and it is barred by limitation in terms of Regulation 67 of the Kerala State Electricity Regulatory Commission (Conduct of Business) Regulations, 2003.

(3.) APPEAL No. 10 of 2013 was allowed by this Appellate Tribunal vide judgment, dated 25.10.2013, modifying the tariff rates for HT IV commercial. The appeal by the State Commission before the Hon'ble Supreme Court was dismissed with modifications on 27.1.2014. Just thereafter, the Appellant Association brought to the notice of the State Commission the modification to O.P. No. 23 of 2012 ordered by this Appellate Tribunal and confirmed by the Hon'ble Supreme Court and requested the State Commission to take follow up action as promised by the State Commission in its subsequent order, dated 30.4.2013 in O.P. No. 2 of 2013. However, by a curious reasoning namely that the impugned petition was one for review of its order, dated 30.4.2013, the State Commission rejected the said petition holding the same to be barred by limitation under Regulation 67 of the Kerala State Electricity Regulatory Commission (Conduct of Business) Regulations, 2003. Thus, the order, dated 30.04.2013, is under challenge in the instant appeal before this Appellate Tribunal.