JUDGMENT

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. The appellant M/s Rosa Power Supply Co. Ltd. is aggrieved by the order dated 04.05.2020 passed by 2^nd respondent Uttar Pradesh Electricity Regulatory Commission (hereinafter referred to as the Commission) in petition no.1437/2019 filed by 1^st respondent Uttar Pradesh Power Corporation Limited (in short UPPCL) seeking setting aside of invoice dated 04.01.2019 raised by appellant in respect of Late Payment Surcharge (LPSC) for the period April, 2015 to January, 2018.

2. Vide the said invoice dated 04.01.2019 the appellant had sought to levy LPSC from the 1^st respondent for non-payment of electricity dues within the period of 30 days from the date of bills / invoices raised by the appellant, as provided in the Power Purchase Agreement dated 12.11.2006 executed between it and UPPCL and under UPERC (Terms and Conditions of Generation Tariff) Regulations, 2004. However, the Commission has opined that the invoice has been raised by the appellant in contravention of UPERC Generation Tariff Regulations, 2014 which prescribes 60-day trigger period for levy of LPSC and while observing that the 2014 Regulations override pre- existing cont