RAKESH NATH,J. - (1.) THIS appeal raises the legal issue as to the scope and width of section 62(4) of the Electricity Act 2003, namely, whether power can be given to the any utility that it can impose fuel surcharge according to the formula decided by the State Commission without getting the tariff amended.
(2.) DAMAN Industries Association is the appellant. The appellant represents the interest of the industries in the Union Territories of Daman and Diu. The first and the second respondents are the Electricity Department of Daman & Diu and the Joint Electricity Regulatory Commission ("Joint Commission") respectively.
(3.) THE respondent no.1 is a department of Government of India responsible for transmission, distribution and retail supply of electricity in the Union Territory of Daman and Diu. The appellant has challenged the tariff order dated 03.10.2011 for the FY 2011 -12 passed by the Joint Commission in tariff petition being no.33 of 2011, inter alia, involving the Power Purchase Cost Adjustment. The brief facts of the case are as under: 4.1 The respondent no.1 filed its ARR before the Joint Commission for determination of tariff for the FY 2011 -12 on 28.03.3011. 4.2 The Joint Commission after the public hearing approved the ARR and tariff for the FY 2011 -12 by its order dated 03.10.2011. Although the Joint Commission approved the average cost of supply of Rs.3.32 per kwh against Rs.3.86 per kwh projected by the respondent no.1, it permitted the respondent no.1 to realize increase in power purchase cost due to increase in fuel cost from the consumers, according to a formula approved in the tariff order. 4.3 Subsequently, the respondent no.1 issued supplementary bills on account of power purchase cost adjustment to its consumers with retrospective effect from June, 2011 to the extent of 99 paise per kwh causing substantial increase in tariff of the consumers. 4.4 Aggrieved by the tariff order dated 03.10.2011, the appellant has filed this appeal.;