J U D G M E N T

PER HON’BLE MRS. JUSTICE MANJULA CHELLUR, CHAIRPERSON

1. The present Appeal is being filed under Section 111 of the Electricity Act, 2003 (for short “the Act”) against Order dated 05.08.2019 passed by the Uttarakhand Electricity Regulatory Commission (for short “UERC/State Commission”) in Petition No. 16 of 2019 whereby the State Commission has rejected the petition filed by the Appellant seeking refund of additional surcharge levied and recovered by Respondent No. 2 (distribution licensee) – Uttarakhand Power Company Limited (for short “UPCL”).

2. The facts that led to filing of this Appeal, in brief, are as under:

3. The Appellant - Alps Industries Limited is a company existing under the provisions of the Companies Act, 2013 having its registered office at 57/2, Industrial Area, Sahibabad, Ghaziabad – 201010. The Appellant is engaged in the business of textiles and has established two spinning mills at Haridwar in the State of Uttarakhand. The Appellant has two separate electricity connections with the Respondent No. 2 - distribution licensee and has taken the benefit of continuous power supply, in addition to procuring power under open access from the Indian Energy E