The court established that consumers cannot be charged for interest/carrying costs due to DISCOMS' delayed payments, limiting the special fuel surcharge to the original principal amount only.

JUDGMENT :

1. Since all the instant petitions involve a common controversy though with marginal variation in the contextual facts, therefore, for the purposes of the present analogous adjudication, the facts are being taken from the above-numbered S.B. Civil Writ Petition No.8901/2023, while treating the same as a lead case; thus, the rival submissions of the parties and the observations of the Court, in the present order, would also be based, particularly, on the factual matrix of the lead case.

1.1 The prayer clauses of SBCWP Nos.8901/2023 & 18588/2019 read as under:-

CW No.8901/2023:

“It is, therefore, humbly and respectfully prayed that this writ petition of the petitioner may kindly be allowed and:-

a) By an appropriate writ, order or direction, the order dated 01.09.2022 in Petition Number 2024/2022 (Annexure-1) and 23.06.2023 in Petition Number 2060/2023 (Annexure-2) passed by Rajasthan Electricity Regulatory Commission (Respondent No 01) may kindly be quashed and set aside.

b) By an appropriate writ, order or direction, the consequential order passed by the Ajmer Vidyut Vitran Nigam Limited on 20.09.2022 (Annexure-3) and any order passed by Ajmer Vidyut Vitran Nigam Limited or its officials including Chief Engineer (Comm.) in compliance of the order dated 01.09.2022 in Petition Number 2024/2022 may kindly be quashed and set aside.

c) By an appropriate writ, order or direction, the Respondent No.01 may kindly be directed to Rajasthan Electricity Regulatory Commission to conduct public hearing in the Petition No.2024/2022 filed by the Rajasthan Discoms for recovery of liability through special Fuel Surcharge Arrangement, giving an opportunity of hearing to the affected consumers including the Petitioner.

d) Pass any such further Order(s) as this Hon’ble Court may deem fit in the facts and circumstances of the present case.”

CW No.18588/2019:

“It is, therefore, most humbly prayed that this Hon’ble Court may kindly be pleased to accept and allow this writ petition of the petitioner and by an appropriate writ, order or direction:-

i. The impugned order dated 13006.2019 (Ann-5) passed by respondent No.3 may kindly be quashed and set aside.

ii. The levy of fuel special surcharge on permanently disconnected connection is illegal, arbitrary and without jurisdiction and impugned letter dated 27.11.2019 (Ann-7) issued by the respondent no.2 may kindly be quashed and set aside.

iii. The petition under section 62(4) of the Electricity Act, 2003 and Regulation 88 of R.E.R.C. Tariff Regulation 2014 filed by respondent No.1 and JVVNL may kindly be held to be not maintainable for recovery of weighted average variable cost of all sources of power purchased during period prior to 2013 for permanently disconnected and active connections.

iv. The respondents may kindly be prohibited from taking any further action for levy of fuel special surcharge for further period on the basis of regulation 88 of R.E.R.C. Tariff Regulation 2014 and 2019.

v. It may kindly be held that the regulation 88 of R.E.R.C. Tariff Regulation 2014 and 2019 are prospective in operation and cannot be applied retrospectively for recovery of weighted average variable cost of power purchased during period prior to previous quarter and as approved under tariff order for the year under operation.

vi. Refund the amount of the fuel Special surcharge if any recovered from the petitioner alongwith interest @ 18% per annum.

vi. Any other relief deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.

vii. Costs be quantified in favour of the petitioner.”

2. Brief facts of the case, as placed before this Court by learned counsel of the petitioner, are that M/s.Adani Powers Rajasthan Ltd. (APRL), a power generating Company entered into a Memorandum of Understanding (MOU) with the Government of Rajasthan to implement a coal based thermal power plant at Kawai, District Baran; whereafter, a Power Purchase Agreement was executed between the APRL