Altamas Kabir, ACJ. - (1.) This appeal has been filed by the West Bengal Rolling Mills Association, a society duly registered under the West Bengal Societies Registration Act, 1961, together with a member of the said association along with a partner of such member, under section 27 of the Electricity Regulatory Commission Act, 1998, in respect of two orders dated 11 November, 2002 and 16th December, 2002, passed by the West Bengal Electricity Regulatory Commission with regard to the electricity tariff for the years 2000-01 and 2001- 02 to be charged by CESC Ltd. from its consumers. In fact, the appeal has been argued on behalf of the appellants by Shri Suresh Agarwal, the appellant No. 2 and the honorary General Secretary of the petitioner association.
(2.) Appearing in support of the appeal, Mr. Agarwal submitted that prior to 1948 tariff determination was done by a Rating Committee under the Electricity (Supply) Act, 1948, wherein the consumers had no role to play. The provisions for such Rating Committee contained under section 57A of the aforesaid Act, 1948, was replaced by the Electricity Regulatory Commission Act, 1998, whereunder the Commission was empowered to determine the tariff of any Utility. According to Mr. Agarwal, by the said Act of 1998 the consumer was for the first time given a right to participate and represent in the proceedings before the Commission for the purpose of determining the tariff under section 29(2) of the 1998 Act. Section 27 of the 1998 Act provides for a right of appeal to the High Court against determination of tariff by the Commission and as indicated hereinabove, the instant appeal has been preferred against the decision of the Commission determining the tariffs for the years 2000-01 and 2001-02.
(3.) Mr. Agarwal submitted that for determining the tariff for the said two years the Commission issued newspaper notices under Regulation 18 of the West Bengal Electricity Regulatory Commission (Conduct of Business) Regulation, 2000, inviting objections from the general public for fixing the tariff for the said two years to be charged by CESC Ltd. from its consumers. Mr. Agarwal submitted that pursuant to the said notice the appellants filed their objection and after conducting a public hearing the Commission fixed the tariff for the years 2000-01 and 2001-02 by an order dated 7th November, 2001. Being aggrieved by such fixation, the CESC Ltd. preferred an appeal before this Court under section 27 of the 1998 Act and the same was numbered as FMA 190 of 2002. Mr. Agarwal submitted that on 17th April, 2002, the appellants herein filed an application for being added as parties in the appeal but the same was rejected and by its judgment dated 14th May, 2002 this Court fixed the tariff for the years 2000-01, 2001-02 and 2002-03, to be charged by CESC Ltd. from its consumers. It was urged by Mr. Agarwal that in its judgment of 14th May, 2002, this Court held that the Rules and Regulations framed by the Commission under 1998 Act was ultra vires. This Court also held that the consumer had no locus standi to participate in the hearing before the Commission or before the High Court.;