- (1.) M/s Videocon Industries Ltd. (herein after referred as Petitioner) filed a Petition on 24 March, 2014 for "Complaint against Licensee (MSEDCL) for violation of Section 38 and 42 of Electricity Act, 2003 and Open Access Regulations, 2005 by not providing non -discriminatory Open Access for availing power through Indian Energy Exchange (IEX)".
(2.) The Prayers of the Petitioner are as follows: - " a. The MSEDCL should allow renewal permission for availing partial Open Access for required power 1.0 MW through IEX as per the application dt. 13.02.2014 submitted for our plant at Village ­ Chitegaon, Dist ­ Aurangabad. Our case should not be linked with other 31 new case pending with Hon. Commission for final decision. b. We also appeal to Hon. Commission to instruct the respondent to issue Open Access renewal permission for transactions through power Exchange as it was issued in past pending finalization of Open Access Regulations 2013. We had used Open Access successfully for last 13 months without any operational difficulties on either side. c. Initiate appropriate action as per Section 146 for non ­ compliance of various sections Electricity Act, 2003 related with non -discriminatory Open Access. This section 146 is for violation of EA 2003 and not to be linked with con -compliance of directions of Appropriate Commissions. The Section 142 is relevant with violations of directions given by the appropriate commission which has not been proposed here for action. The proposed section 146 reads as: Section 146. (Punishment for non -compliance of orders or directions): Whoever, fails to comply with any order or direction given under this Act, within such time as may be specified in the said order or direction or contravenes or attempts or abets the contravention of any of the provisions of this Act or any rules or regulations made thereunder, shall be punishable with imprisonment for a term which may extend to three months or with fine, which may extend to five thousand rupees for every day during which the failure continues after conviction of the first such offence: d. The MSEDCL by not issuing open access renewal permission also contravened Hon. Commission's Order dt. 20.02.2013(Videocon Ind. Ltd. Vs MSEDCL), hence action u/s 142 of Elect Act should also be initiated."
(3.) The Facts of the Case as stated in the Petition are summarized as below: - a. M/s Videocon Industries Ltd. is a HT -Industrial continuous consumer of MSEDCL having contract demand of 4000 KVA require power of 1.0 MW through IEX to their use at Village Chitegaon, Tal - Paithan, District - Aurangabad. b. Petitioner has submitted application for Open Access through power exchange for 1.0 MW to MSEDCL on 13 February, 2014 with processing fees of Rs. 10000/ - . c. Petitioner submitted that the MSEDCL vide letter dated 28 March, 2014, declined to issue Open Access permission stating reason that issue of renewal through IEX is subjudice before the Commission and therefore requested to wait till decision on this is finalized. d. Petitioner further stated that MSEDCL failed to renew their Open Access permission before end of 31 March, 2014, that had result to discontinuation of Open Access through IEX which continued for almost 13 months from 20 March, 2013 to 31 March, 2014. e. The MSEDCL failed to issue permission letter for Open Access, hence filed the Petition for contravention of Section 38 and 42 of EA, 2003 by not issuing permission for Open Access through Power Exchange. ;