M.KARPAGA VINAYAGAM,J. - (1.) THE Chairman and Chief Financial Controller of the Tamil Electricity Board(Now Tamil Nadu Generation and Distribution Corporation Ltd) are the Appellants.
(2.) THIS Appeal has been filed by the Appellants as against the impugned order passed by the Tamil Nadu State Commission holding that the Appellants are liable to pay interest on the delayed payment to the Wind Power Generators, the Respondents.
(3.) THE short facts are as follows: - a) The Appellant Tamil Nadu Electricity Board is the Principal Purchaser of power generated by the Wind Energy generators. b) Respondent -1 is the Wind Power Association. c) Respondents -2 to 11 are the members of M/s Indian Wind Power Association, the Respondent -1. d) Tamil Nadu State Commission is the Respondent -12. e) The Appellant entered into the agreements with the Respondents, the Wind Power Generators for sale of the energy generated by them subject to the terms and conditions in the respective Energy Purchase Agreements. The Appellants failed to make prompt payment within a period of 30 days as agreed to by them in the energy purchase agreements and even the delayed payments were made by the Tamil Nadu Electricity Board without the payment of any interest. f) Therefore, the Respondents, Wind Power Generators filed a petition before the State Commission for directing the Electricity Board, the Appellant, to make the payment within a period of 30 days' time and to make payment of interest, for delayed payment. They also prayed for punishing the Electricity Board for their failure to comply with the orders passed by the Commission with reference to the payment. g) The State Commission after hearing the parties though did not incline to take penal action under section 142 of the Act,2003 directed Tamil Nadu Electricity Board to pay interest on delayed settlement of the bills through the impugned order dated 20th April,2011. h) Challenging the said order the Tamil Nadu Electricity Board has filed this Appeal. i) According to the Appellant, there is no clause relating to the payment of interest on delayed payment either in the Energy Purchase Agreement entered into between the parties or in the order passed by the State Commission in order No.3 of 2006 dated 15.5.2006, which covers the transaction of the Wind Power Generators with the Electricity Board and as such the State Commission is not justified in directing the payment of interest on delayed payments. Though the Appellant raised several points including the jurisdiction in the Appeal, ultimately he confined himself to the point that even assuming that there was a provision for payment of interest for delayed payment in the State Commission's order No.1 of 2009 dated 20.3.2009. this would apply only to the Respondent -6 i.e. M/s Shri Ramavilas Weaving Factory, Karur, the Wind Power Generator, who was commissioned after 19.9.2008 and not to the other Wind Power Generators who are Respondents -1 to 5 and 7 to 11, who were commissioned prior to 19.9.2008.;