IN THE APPELLATE TRIBUNAL FOR ELECTRICITY (Appellate Jurisdiction)

APPEAL No.286 OF 2017 Dated: 15.05.2025 Present: Hon’ble Mr. Sandesh Kumar Sharma, Technical Member Hon’ble Mr. Virender Bhat, Judicial Member In the matter of:

Chhattisgarh State Power Distribution Co. Ltd.

4^th Floor, Vidyut Sewa Bhavan, Daganiya, Raipur (C.G.) – 492013.

Represented by its Executive Engineer (RAC-I). … Appellant Versus

1. Chhattisgarh State Electricity Regulatory Commission Irrigation Colony, Shanti Nagar, Raipur (C.G.) – 492001.

Represented by its Secretary.

2. Jayaswal Neco Industries Limited F-8, MIDC, Industrial Area, Hingna Road, Nagpur – 440016.

3. Chhattisgarh Mini Steel Plant Association Shop No. 408, 4^th Floor, Samta Shopping Arcade, Main Road, Samta Colony, Raipur, (C.G.) – 492001 Through its Authorized Representative

4. Chhattisgarh Ferro Alloys Producers Association Urla Industrial Area, Raipur (C.G.) – 492003

5. Chhattisgarh Steel Re-Rollers Association

1^st Floor, Sona Tower, Opp. Deshbandhu Press, Ramasagarpara, Raipur (C.G.) – 492001.

6. J.K. Laxmi Cement Ltd.

Jaykaypuram, Basantgarh, Distt. Sirohi, Rajasthan – 307019. … Respondents Counsel for the Appellant(s) : R K Mehta Rashmi Singh Counsel for the Respondent(s) : Ritesh Khare for Res. 1 Raunak Jain for Res. 2 Anand K. Ganesan Swapna Seshadri Ashwin Ramanathan Damodar Solanki Utkarsh Singh Harsha Rao For Res. 3 Pallav Mongia For Res. 4 to 6

J U D G M E N T

PER HON’BLE MR. VIRENDER BHAT, JUDICIAL MEMBER

1. This appeal is directed against the common order dated 31^st March, 2017 passed by the first Respondent – Chhattisgarh State Electricity Regulatory Commission (hereinafter referred to as “the Commission”) in four petitions bearing Nos.64/2016(T), 65/2016(T), 66/2016(T) and 67/2016(T) filed by the Appellant (which is one of the Distribution Licensees in the State of Chhattisgarh) and the other three Distribution Licensees in the State of Chhattisgarh namely Chhattisgarh State Power Transmission Company Ltd., Chhattisgarh State Power Generation Company Ltd. and Chhattisgarh State Load Dispatch Centre respectively.

2. Petition No. 64/2016(T) of the Appellant was for final true up for Financial Year (FY) 2015-16 and determination of tariff for FY 2017-18. The petitions Nos. 65/2016(T) and 66/2016(T) filed by Chhattisgarh State Power Transmission Company Ltd. and Chhattisgarh State Power Generation Company Ltd. respectively were for final true up for FY 2015-16. Petition No.67/2017(T) filed by Chhattisgarh State Load Dispatch Centre was also for final true up for FY 2015-16.

3. Only Chhattisgarh State Power Distribution Company Ltd. i.e. the appellant herein has assailed the said common tariff order dated 31.03.2017 by way of the instant appeal.

4. Initially, only the Commission was arrayed as lone respondent in the appeal. However, it appears that vide application bearing IA No.1858/2019, the appellant had sought amendment in the memo of appeal in order to add additional issues relating to billing of Variable Cost Adjustment Charges (in short “VCA Charges”). This application acted as a trigger for certain consumers of electricity in the State of Chhattisgarh who moved applications bearing IA Nos.2074/2019, 2180/2019, 2181/2019, 2182/2019 and 180/2020 seeking impleadment/intervention in the appeal on the contention that the amendments sought by the appellant would have the bearing on the dispute pending before the Commission where these consumers are also parties. These applications for impleadment/intervention were allowed by this Tribunal vide order dated 13.02.2020 and accordingly the applicants namely Jayaswal Neco Industries Ltd., Chhattisgarh Mini Steel Plant Association, Chhattisgarh Ferro Alloys Producers Association, Chhattisgarh Steel Re-rollers Association and J.K. Laxmi Cement Ltd. were impleaded as respondent Nos.2 to 6 respectively in the appeal.

5. Thereafter, the IA No.1858/2019 of the appellant seeking amendment to the memo of appeal was also allowed vide order dated 13.02.2022.

6.