- (1.) THE application has been made for adjudication of disputes between the petitioner and the respondent arising out of sale of electricity by the former to the latter during the period 1.1.2006 to 31.3.2006.
(2.) The petitioner, an electricity trader agreed to supply power to respondent at the rate of Rs. 3.33/kWh during the period 1.1.2006 to 31.3.2006. When the contract for supply of power was under execution, the Commission, through a notification published on 27.1.2006 (the notification) fixed trading margin of 4 paise/kWh, chargeable by an electricity trader. Consequent to issue of the notification, the respondent contended that the petitioner could not charge trading margin exceeding 4 paise/kWh for supply of electricity from 27.1.2006 onwards. Therefore, the respondent unilaterally started deducting 10% from the petitioner's bills while releasing payments to the petitioner for supply of electricity, and also kept deducting the rebate of 2% admissible on timely payment even when the payments were delayed. According to the petitioner, the respondent also withheld payments on account of open access charges deposited for reservation of transmission corridor for conveyance of electricity to the respondent. It has also transpired that after receipt of bills from the petitioner for all payments by 22.4.2006, the respondent made part-payments of the amounts claimed by the petitioner during April 2006 and retained an amount of Rs. 37,63,702/-, on the ground that the amount claimed was in excess of the trading margin payable in terms of the notification. This amount was finally paid on 16.12.2006. The petitioner filed a petition (No.40/2006) contending that the notification being prospective in operation, did not apply to the contracts concluded prior thereto and the respondent was under an obligation to pay the settled price of Rs. 3.33/kWh. In addition, the petitioner claimed interest at the rate of 18% on the amount delayed or withheld by the respondent. The petition was disposed of by order dated 27.10.2006 wherein the Commission decided that the notification did not govern the agreements entered into prior to the date of its publication in the Official Gazette and would apply to the agreements signed thereafter. The Commission, however, did not give any direction for payment of any specific amount and it was left to the parties concerned to decide the amount due in terms of the agreement between them.
(3.) IN the present petition filed on 23.2.2007, the petitioner claimed the following amounts: JUDGEMENT_270_TLET0_20070.htm ;