LAWS(APTE)-2015-5-20

MUMBAI GRAHAK PANCHAYAT Vs. MAHARASHTRA ELECTRICITY REGULATORY COMMISSION AND ORS.

Decided On May 06, 2015
MUMBAI GRAHAK PANCHAYAT Appellant
V/S
Maharashtra Electricity Regulatory Commission And Ors. Respondents

JUDGEMENT

(1.) THIS Review Petition has been filed to review judgment dated 26.11.2014 of this Tribunal in Appeal No. 333 of 2013 which was decided along with Appeal No. 294 of 2013 and batch. The Review Petitioner is aggrieved with the judgment dated 26.11.2014 since three out of five issues raised in the Appeal were not dealt with in the judgment despite oral and written submissions. These issues are refusal to fix maximum ceiling tariff as required under Section 62(1)(d), refusal to determine only wheeling charges for open access consumers as mandated by Section 86(1)(a) and levy of wheeling charges on RInfra's own consumer contrary to law. Further, even while deciding issue of Regulatory Asset Charges ("RAC"), the Tribunal has not taken into consideration the written note of arguments of the Review Petitioner/Appellant.

(2.) ON the above issues we have heard Mr. Shirish V. Deshpande, for the Review Petitioner and Shri Buddy A. Ranganadhan, Learned Counsel for the State Commission.

(3.) THE first issue is refusal to fix maximum ceiling rate of tariff.