- (1.) M/s Mandhana Industries Ltd.(herein after referred as Petitioner) submitted a Petition under affidavit on 16 January, 2014 for action against Licensee (MSEDCL) for violation of Section 38 and 42 of the 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 under: "2.1 Action as per Section 142 and 146 of EA Act, 2003: We appeal to initiate Punishment for non -compliance of orders or directions given in this act against the erring officials of the respondent. And penalty as defined in the act should be continued till failure to comply with Section 38 and 42 of EA Act 2003 for allowing non discriminatory open access. 2.2 Section 149 of EA Act 2003 for offence by companies: to take action as per this act against the company, every person who at the time the offence was committed was in charge of and was responsible to the company for the conduct of the business of the company. 2.3 The Hon. Commission may allow any other suitable relief as deemed fit on the nature and circumstances of this petition."
(3.) The facts of the case as stated in the Petition are as follows: 3.1 Petitioner a HT industrial consumer whose plant is situated at Palghar, Maharashtra is availing power with contract demand (CD) of 1750 KVA at 33 KV voltage level from MSEDCL. 3.2 Petitioner has applied to avail 1.0 MW of power through Open Access from Indian Energy Exchange (IEX) through authorized IEX member/ electricity trader Alka Power to their plant at Palghar. 3.3 Petitioner has submitted application for grant of Open Access to the Commercial Section of MSEDCL, Mumbai by hand on 1 November, 2013 along with processing fee of Rs.10, 000 by DD, Electricity bills for last three months, Affidavit verifying the Petition, Copy of Certificate of Membership, Member -client agreement. Petitioner has applied for Open Access for the period from 1 April, 2013 to 31 March, 2014 3.5 Petitioner had not received any acknowledgement to their application which was supposed to be issued within 7 days time. Hence, after lapse of 30 days period petitioner approached MERC and filed a petition for non -compliance of MERC (Distribution Open Access) Regulations, 2005 and Section 42 of Electricity Act 2003. 3.6 Petitioner filed Petition under Section 146 (Non compliance of order or direction), Section 142 (Punishment for non compliance of direction by appropriate commission) and Section 42 Sub section (2) and (3) (Duties of Distribution Licensee and Open access) of the Electricity Act 2003. ;