PUNJAB STATE ELECTRICITY REGULATORY COMMISSION

SCO NO. 220-221, SECTOR 34-A, CHANDIGARH

 

 

 

                                                                             Petition No.28 of  2009

         Date of hearing: 19.01.2010

                                                                                  Date of Order: 04.02.2010

 

 

In the matter of:          Petition under Section 86 of the Electricity Act, 2003 for issuance of a direction to the respondent not to charge 8% of the tariff and the same be ordered to be waived as the respondent is the nodal agency with a duty to assist the petitioner for which the respondent can charge only a lump sum fee and not on the basis of ad-valorem (14.5 MW).

 

AND

 

             In the matter of:        M/s Universal Bio-mass Energy Pvt. Ltd., Faridkot Road, Guruharsahai, District Ferozepur  

                                                                       

VERSUS

 

Punjab Energy Development Agency (PEDA) under the Department of Science, Technology & Environment of Punjab, Plot No.1 & 2, Sector 33-D, Chandigarh.



  Present:                    Shri Jai Singh Gill, Chairman

                                    Shri Satpal Singh Pall, Member

                

 

 For the petitioner :    Shri Sandeep Khungar Advocate

 

 

 

  ORDER

 

 

1.         This petition has been filed by M/s Universal Bio-mass Energy Pvt. Ltd. seeking a direction to PEDA not to charge the petitioner 8% of the energy charges received by sale of power to the Punjab State Electricity Board.

2.         It is stated in the petition that PEDA published an advertisement in different newspapers inviting applications for setting up of Bio-mass/Agro-based  independent power projects in the State of Punjab and that in pursuance thereto, the petitioner approached the respondent and was forced to agree to pay 8% share of the energy charges received by the petitioner by sale of energy and sign the implementation agreement accordingly.

 

3.         At the outset, the petitioner was asked to indicate the provision of law under which the petition has been filed before the Commission. In this respect it is stated that Section 94 of the Electricity Act 2003 (Act) provides that the Commission for the purposes of any enquiry or proceedings under the Act shall have the same powers as are vested in the Civil Courts under the Code of Civil Procedure (CPC). Drawing attention to Sections 26, 27, 33 of the CPC, it has been argued that the petition has to be dealt with accordingly and can not be disposed of in limine.

 

4.                  The Commission notes that Section 94 of the Act refers to the applicability of CPC only in respect of matters enumerated therein, none of which are relevant to the matter in hand. The crucial issue to be determined is whether the matter raised in the petition falls within the ambit of Commission as defined in the Electricity Act. Seen from this perspective, it is observed that the Act does not empower the Commission to adjudicate on the matter raised in the petition. Accordingly, the Commission is of the view that the petition is not maintainable and is dismissed.

 

           

                      Sd/-                                                                                           Sd/-

(Satpal Singh Pall)                                                            (Jai Singh Gill)

Member                                                                                 Chairman                    

                       

Chandigarh

Dated:  04.02.2010