- (1.) In these writ applications, petitioners challenged the letters issued by Chief Engineer (Commercial), Damodar Valley Corporation (hereinafter referred as 'DVC'), whereby and whereunder the DVC demanded security deposit as per the provision of Clause 10.2 of the Jharkhand Electricity Supply Regulation Code, 2005 (hereinafter referred as 'Regulation') for continuing the electrical supply. It is submitted by learned counsel for the petitioners that the Regulation issued by Jharkhand State Electricity Regulatory Commission (in short 'JSERC') has no application on DVC, because previously DVC was only a transmission licensee. It is submitted that according to Section 79 of the Electricity Act tariff determined by the Central Electricity Regulatory Commission (in short 'CERC') was applicable to the DVC, because DVC is generating and selling electricity in more than one State. Thus, previously there was dispute as to which commission will determine the distribution tariff of the DVC.
(2.) It appears that DVC has filed a counter affidavit in W.P.(C) No. 3182 of 2012. In the above counter affidavit the DVC annexed the order dated 30.9.2013 passed in Petition No. 277 of 2010 and Petition No. 293 of 2010 by CERC. It appears from the aforesaid order that CERC observed that DVC shall file application for determination of retail tariff before respective State Commission for the period 2009-14 and pursue the matter for expeditious determination of distribution tariff. Thus, from the aforesaid observation, it is clear that there is no distribution tariff from 2009 on the basis of which DVC can raise bill from its consumers.
(3.) It is stated at the bar that during the pendency of these writ applications, the Jharkhand State Electricity Regulatory Commission determined the distribution tariff for the financial years 2013-14, 2014-15, 2015-16 for the DVC and the said tariff became effective w.e.f. 4th September, 2014. In view of the above facts and circumstances, it is clear that in the year 2012, there is no tariff issued by Jharkhand State Electricity Regulatory Commission. Thus, the DVC is not entitled to raise any bill for security amount as provided under Section (sic-clause?) 10(2) of the Regulation.;