IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

Dated: 12.08.2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

Faridabad Industries Association, FIA House, BATA Chowk, Faridabad – 121001 …Appellant Versus

1. Haryana Electricity Regulatory Commission, Bays No. 33-36, Sector 4, Panchkula, Haryana-134112

2. Dakshin Haryana Bijli Vitran Nigam Ltd.

Vidyut Sadan, Vidyut Nagar, Hisar, Haryana-125005.

3. Uttar Haryana Bijli Vitran Nigam Ltd.

Vidyut Sadan, Plot No. : C16, Sector-6, Panchkula Haryana (India) …Respondent(s)

Counsel for the Appellant(s) : Mr. Vishal Sharma Ms. Shefali Ms. Priyanka Mondal Counsel for the Respondent(s) : Mr. Justine George for R-1 Mr. Samir Malik Ms. Nikita Choukse Mr. Tushar Mathur Ms. Himani Yadav Ms. Himangini Mehta Mr. Ravi Prakash Mr. Raheel Kohli Mr. Nitish Gupta for R-2&3

JUDGEMENT

PER HON’BLE MR. SANDESH KUMAR SHARMA, TECHNICAL MEMBER

1. The Appeal No. 82 of 2017 has been filed by the Appellant, i.e., Faridabad Industries Association. The Appellant is challenging the Order in Petition No. HERC/PRO-35 and 33 of 2016, dated 01.08.2016, passed by the Haryana Electricity Regulatory Commission (in short “State Commission” or “HERC”).

Description of the Parties

2. The Appellant Faridabad Industries Association (in short “FIA”) is an association of industrial consumers representing the interests of the industries in the State of Haryana.

3. Respondent No. 1 is the Haryana Electricity Regulatory Commission, which was established under the provisions of the Haryana Electricity Reforms Act, 1998 (in short “HERA”) to regulate the power sector in the State of Haryana and continues to exercise jurisdiction as the State Electricity Regulatory Commission under Section 82 of the Act.

4. Respondent Nos. 2 & 3, Dakshin Haryana Bijli Vitran Nigam Limited (DHBVN) and Uttar Haryana Bijli Vitran Nigam Limited (UHBVN) are State Government-owned distribution licensees, incorporated under the Companies Act, 1956, engaged in the business of distribution and retail supply of electricity in the State of Haryana.

Factual Matrix of the Case (as submitted by the Appellant)

5. The Haryana Electricity Regulatory Commission (HERC) notified the Haryana Electricity Regulatory Commission (Terms and Conditions for Determination of Tariff for Generation, Transmission, Wheeling and Distribution & Retail Supply under Multi-Year Tariff Framework) Regulations, 2012 on

05.12.2012.

6. Thereafter, HERC issued tariff orders for successive years:

• Order dated 29.05.2014 (for FY 2014-15) fixing:

▪ Wheeling Charges: ₹0.74/kWh ▪ Cross Subsidy Surcharge (CSS) for HT Industry: ₹2.02/unit ▪ Additional Surcharge: ₹0.50/kWh • Order dated 07.05.2015 (for FY 2015-16) fixing:

▪ Wheeling Charges: ₹0.85/unit ▪ CSS for HT Industry: ₹0.93/unit ▪ No determination of Additional Surcharge in this order.

7. Subsequently, on 16.11.2015, through Order in HERC/PRO-05/2015, HERC determined the Additional Surcharge at ₹0.84/unit.

8. On 15.12.2015, Respondents No. 2 & 3 filed Tariff Petition No. 33/2015 seeking:

• Truing-up for FY 2014-15, • Mid-year Performance Review for FY 2015-16, and • Revised ARR & retail tariff determination for FY 2016-17

9. Public notices under Section 64(2) of the Electricity Act, 2003 were issued first on 22.12.2015, and later reiterated on 06.02.2016, 24.02.2016, and

01.03.2016, inviting objections and indicating hearing dates.

10. Respondents No. 2 & 3 also filed a separate ASC Petition (HERC/PRO-14 of 2016) under Section 42 of the Electricity Act, read with Regulation 22 of the Open Access Regulations, seeking determination of Additional Surcharge.

11. The Appellant submitted objections to the ASC Petition on 30.01.2016 and also to the Tariff Petition on various dates, including additional submissions filed on 06.06.2016.

12. On 01.08.2016, HERC passed the Impugned Order in Tariff Petition and ASC Petition, determining the retail tariff and additional surcharge, respectively