- (1.) M/s. Mantri Metallics Pvt. Ltd filed a Petition on dated 24 December,2013 under subsection (47) of Section 2 read with 42 (2) (3) and (4), 142, 146 of the Electricity Act, 2003 and Open Access Regulations, 2005 for seeking relief for providing permission by MSEDCL for availing open access through IEX.
(2.) The prayers of the Petitioner are as under: " A. That the MSEDCL should allow permission for availing Partial Open Access for required power of 1.9 MW (1900 KVA) through IEX as per the application submitted for petitioner's plant at MIDC, Kolhapur from immediate effect and necessary directions may be given to MSEDCL. B. The MSEDCL may be penalized for noncompliance of statutory requirement of allowing Open access within prescribed period and for not replying application of the petitioner. C. Any other relief in the interest of justice."
(3.) The facts of the case as stated in the Petition are as follows: 3.1 M/s. Mantri Metallic Private limited submitted an application form to the office of the Chief Engineer -Commercial, Respondent, in prescribed format for partial open access. 3.2 The Processing fee of Rs.15, 000 was also paid with the application form for 1.9 MW capacities vide DD No. 55308 dated 20.11.2013. 3.3 The Petitioner submitted that, till date there is no any correspondence or communication by Respondent regarding application filed by the Petitioner. The Petitioner states that inspite of repeated and several requests of the Petitioner the officers of Respondent have delayed in providing open access to the Petitioner and due to inaction of the licensee the Petitioner could not avail the facility of Open access provided by by hence this Petition is submitted. 3.4 The Petitioner stated that Respondent is duty bound to provide Open access to the Petitioner.As per Standard of Performance the Respondent should convey its acceptance or otherwise to the applicant within 7 days after receipt of the application for open access and permission should be issued within 30 days time frame. The Petitioner has not received any communication from the Respondent till date of the Petition filed. 3.5 As Respondent is duty bound to provide open access, under section 42 of the Electricity Act, 2003.The Petitioner's contract demand is 7 MVA and the Regulation 3.1 of Distribution Open Access Regulations, 2005, stipulates that the consumer having contract demand more than 5 MVA is eligible for open access. Open access is also permissible as per sub section 2 of the Section 42 of the Electricity Act, 2003. 3.6 The Petitioner stated that the Respondents must be penalized for the non compliance of MERC Regulations and contravention of the Electricity Act. 3.7 The Conduct of the Respondent is discriminatory as they are allowing open access to the other consumers in Maharashtra. The Respondent has allowed few consumers Open access through IEX. The Respondent had allowed and facilitated Open access through its members to the consumers as mentioned below a. Videocon Industries Ltd. Aurangabad. b. U. P. Twiga fiberglass limited, Amaranth. c. Jindal Poly films limited, Nasik. d. Videocon Industries Limited (Compressor unit), Aurangabad. e. Piaggio Vehicles Ltd, Baramati f. Varroc Engineering Pvt. Ltd, Aurangabad. g. M/s. BOC India Limited h. M/s. Nagreeka Exports Limited. 3.8 Hence the Petitioner sought the relief and penal action on Respondent under the Section 142,146 1nd 149 of the Electricity Act, 2003.;