- (1.) M/s Shriniwas Engineering Auto Component Pvt. Ltd. (herein after referred as Petitioner) filed a Petition under affidavit on 24 March, 2014 for seeking action against Licensee (MSEDCL) for violation of Section 38 and 42 of the Electricity Act, 2003 and MERC ( Distribution 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: - i. Action as per Section 142 and 146 of EA Act, 2003: We appeal to initiate action for non -compliance of orders or directions given in this Act against the erring officials of respondent. And penalty as defined in this Act should be continued till failure to comply with Section 38 and 42 of EA 2003 for allowing non -discriminatory open access. ii. Section 149 of EA 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 company. iii. 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 summarized below: - a. M/s Shriniwas Engineering Auto Component Pvt. Ltd. is a HT -Industrial continuous consumer of MSEDCL having contract demand of 24000 KVA, require power of 5.0 MW through IEX to use at Talegaon MIDC, Village Navlakhumre, Tal - Maval, Dist. - Pune. b. Petitioner has submitted application for Open Access through IEX for 5.0 MW to MSEDCL on 8 November, 2013 with processing fees of Rs. 15000/ - for the period 1 April, 2014 to 31 March, 2015. c. Petitioner has not received any permission from MSEDCL to avail Open Access through IEX. ;