- (1.) M/s Pidilite Industries Limited (herein after referred as Petitioner) filed a Petition on 2 April, 2014 for seeking redressal of grievances against MSEDCL due to denial of Open Access Permission for purchase of electricity through Indian Energy Exchange.
(2.) The prayer of the Petitioner is as under: "1. direct the Respondent to forthwith allow permission to avail partial Open Access for the required purchase of 1MW electricity for its factory at Plot No. - A 21, MIDC Mahad, Dist. Raigad, Maharashtra through IEX, as per the application dated 25th November, 2013, submitted by the Petitioner; 2. Direct the Respondent to forthwith pay to the Petitioner compensation of Rs.50, 000/ - towards cost of this Petition including the filing fee of petition of Rs.5000.00; 3. Take appropriate action against the Respondent for non -compliance of MERC (Distribution Open Access) Regulation, 2005, in terms of section 142 and 146 of the Electricity Act; and 4. For such further and other reliefs as the facts and circumstances of the case may require."
(3.) The facts of the case as stated in Petition are summarized as below: a. The Petitioner has a manufacturing unit located at a Plot No. A -21, MIDC Mahad, Dist. Raigad, Maharashtra, which receives power at 22 kV voltage level with sanction demand of 2250 KVA and contract demand of 2250 KVA from the Respondent. b. The Petitioner entered into an agreement dated 11 March, 2013 with PTC India Ltd, a member of Indian Energy Exchange (IEX), for purchase of electricity for a consideration and conditions mentioned therein. Vide an application dated 25 November, 2013 in the prescribed form, the Petitioner requested the Respondent to grant Open Access for purchase of 1 MW electricity through IEX. c. Petitioner has submitted application for partial Open Access through power exchange for 1.0 MW to the office of CE (commercial), Prakashgad, MSEDCL on 11 December, 2013. The processing fees of Rs. 10000/ - for Open Access capacity 1.0 MW was also paid by the Petitioner. d. It is submitted that the Respondent vide letter dated 13 January, 2014 expressed its constraint to allow Open Access to the Petitioner for purchasing power from IEX , inter alia, on the ground that MERC Distribution Open Access Regulation, 2005 did not provide for Open Access for purchase of electricity through IEX. e. Further, the Petitioner vide letter dated 4 February, 2014 made a reference of the Orders passed by the Commission in Case No. 41 of 2013 and Case No. 66 of 2013 in which the permission for Open Access was granted by the Respondent to Nagreeka Exports Limited and Sharda Shree Ispat Ltd. vide letters dated 17 May, 2013 and 13 May, 2013 respectively. f. Petitioner submitted that denial of Open Access to the Petitioner by the Respondent clearly discriminates the Petitioner vis -à -vis other industrial consumers, which have been granted Open Access in the identical facts and the circumstances. Respondent is bound in law to treat all the consumers equal and cannot allow Open Access to some industrial consumers and denying the others for purchase of electricity through IEX. ;