JUDGMENT :

Arun Mishra, J.

1. Delay condoned in filing SLPs.

2. Leave granted.

3. The question involved in the present case is with respect to levy of fuel surcharge adjustment (in short ‘FSA’) which is collected from the consumers in addition to fixed tariff for consumption of power. The concept of FSA was brought in by the Andhra Pradesh Electricity Reform Act, 1998 (hereinafter referred to as ‘the Act of 1998’). Earlier the Electricity Board used to collect fuel cost adjustment. Under section 3(1) of the Act of 1998, Andhra Pradesh Electricity Regulatory Commission has been established bestowed with the power to grant licences and fix tariff for supply of power. Section 26(9) of the Act lays down that no tariff or part of tariff required to be determined under sub-section (6) of section 29 may be amended more frequently than once in any financial year ordinarily except in respect of any changes expressly permitted under the terms of any fuel surcharge formula prescribed by the regulations.

4. The Government of India enacted the Electricity Act, 2003 (hereinafter referred to as “the Act of 2003”) to consider the laws of trading of power for the purpose of making it consumer-friendly a