SCO NO. 220-221, SECTOR 34-A,
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.,
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
Dated: 04.02.2010