- (1.) THIS Appeal has been filed by Delhi Jal Board against the order of the Delhi Electricity Regulatory Commission dated 27/09/2011 regarding the retail tariff applicable to the Appellant.
(2.) THE brief facts of the case are as under: - 2.1 The Appellant is a consumer of the Respondent nos. 2, 3 and 4, the distribution licensees in NCT of Delhi, and is responsible for providing the services of water supply, sewage disposal and drainage within the National Capital Territory of Delhi. The Appellant filed a petition under section 61, 62 and 86 of the Electricity Act before the Delhi Electricity Regulatory Commission ("State Commission") on 12.03.2007 for fixation of concessional tariff for electricity supply to its installation as it was providing essential public utility services. 2.2 The State Commission by its impugned order dated 27.09.2011 dismissed the said petition observing that these issues had been raised by the petitioner during the public hearing held in February, 2009 before the State Commission in determination of ARR and tariff for the FY 2009 -10 and had already been decided. 2.3. Aggrieved by the impugned order dated 27.09.2011 of the State Commission, the Appellant has filed this Appeal.
(3.) WHEN the Appeal came up for admission, the learned senior counsel for the State Commission submitted that the Appeal against the impugned order was not maintainable and this Tribunal may decide about the maintainability first. Accordingly, we heard the learned counsel for the parties on the issue of maintainability. The learned counsel for the Appellant submitted as follows: "The Appellant was catering to the needs of the society as public utility services and did not have any profit/commercial motive. The State Commission passed the impugned order on 27.9.2011 on the petition filed on 12.03.2007 after more than four and half a years. The reduction in tariff granted to the Appellant in the FY 2009 -10 by the tariff order dated 28.05.2009 should have been allowed by the State Commission retrospectively from the FY 2007 -08". ;