ORDER

Jindal India Power Limited (JIPL) has filed the present petition under Section 142 of the Electricity Act, 2003 read with Regulations 65 and 70(2) of the Central Electricity Regulatory Commission (Conduct of Business) Regulations, 2023, seeking execution and enforcement of the Commission’s order dated 25.11.2024 in Petition No. 75/MP/2022, and initiation of appropriate action against BSES Rajdhani Power Limited (BRPL/ Respondent No.1) for non-compliance with the directions issued therein.

The Petitioner has made the following prayers in the instant Petition:

“(a) Execute the Order dated 25.11.2024 passed by this Hon’ble Commission in Petition No.75/MP/2024;

(b) Direct BRPL to make payment of Rs. 15,114,117/- along with interest towards amounts due and payable to JIPL in terms of Order dated 25.11.2024 in Petition No.75/MP/2024;

(c) Direct BRPL to pay further interest/compensation on the amount mentioned in prayer (b) till the date of actual payment;

(d) Pass an order of attachment, attaching to the extent of Rs. 15,114,117/- from the bank account(s) belonging to the Respondent No.1/BRPL, pending disposal of the Petition;

(e) Award costs of these proceedings against the Respondent and in favour of the Petitioner; and

(f) Pass any other such Orders that this Hon’ble Commission may deem fit.”

Background

The Petitioner is a generating company engaged in the business of generation of electricity through its 1200 MW coal-based thermal power plant located at Angul, Odisha. BRPL is a distribution licensee in Delhi, and Respondent No.2, Tata Power Trading Company Limited (TPTCL), is a trading licensee under Section 14(c) of the Electricity Act, through whom power from the Petitioner was supplied to BRPL.

The dispute between the parties arises out of the procurement of short-term power by BRPL pursuant to the Guidelines for Short-Term Procurement of Power issued by the Ministry of Power on 30.3.2016. In pursuance of the said Guidelines, BRPL issued a Request for Proposal on 17.12.2020 for the procurement of up to 700 MW of short-term power for the period 1.4.2021 to 30.9.2021.

Pursuant to the competitive bidding process conducted through the DEEP portal, BRPL issued a Letter of Intent (LOI) dated 13.2.2021 to TPTCL for the procurement of power, with the Petitioner being the identified source of supply. The LOI, inter alia, provided for the quantum of power to be supplied, the delivery point, payment terms, and provisions relating to Liquidated Damages (LD) for a shortfall in power supply.

Disputes subsequently arose between the parties regarding the computation of LD for the alleged shortfall in the supply of power. The Petitioner and TPTCL contended that the deviation of 15% from the contracted energy was required to be computed on a monthly basis, whereas BRPL calculated the LD on a fortnightly basis, resulting in the deduction of excess amounts from the payments due to the Petitioner.

In view of the disputes, the Petitioner, along with TPTCL, filed Petition No. 75/MP/2022 before this Commission, inter alia, seeking adjudication of the issues relating to the computation of LD, levy of GST on LD, and wrongful withholding of amounts by BRPL.

The Commission, vide order dated 25.11.2024 in Petition No.75/MP/2022, inter alia held that the computation of LD by BRPL on a fortnightly basis was not sustainable and that LD was required to be calculated on a monthly basis in terms of Clause 7(b) of the LOI. Accordingly, BRPL was directed to refund the excess amounts deducted due to erroneous computation of LD, along with applicable interest, within 30 days from the date of the order.

Submissions of the Petitioner

The gist of the submissions made by Petitioner is as follows:

i. Despite the lapse of more than eight months from the date of the order dated 25.11.2024, BRPL has failed to comply with the directions of the Commission and has not refunded the excess amount deducted from the payments due to the Petitioner. Following the is