Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2015 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (4) TMI 1285 - HC - Indian LawsDetermination of retail/distribution tariff of the licensee Damodar Valley Corporation by the appellant West Bengal Electricity Regulatory Commission - It is the grievance of the respondent/writ petitioners, prior to determination of such retail tariff by the State Commission, on the basis of generation and interstate transmission tariff orders passed by CERC, DVC raised demand notices for differential amount payable for the period from May, 2010 to August, 2010 as also revised bills on and from September, 2013 as per its own calculation. Whether the respondent/writ petitioners have a right of oral hearing before the appellant State Commission in the matter of determination of retail tariff under section 64 of the Act or alternatively, in the facts of this case they are entitled to such relief on an equitable premise being saddled with the liability to furnish bank guarantee in terms of the order appealed against? HELD THAT:- A perusal of section 64 would make it clear that an application filed by a licensee for fixation of tariff under section 62 of the Act is to be published in such form and manner as may be specified by the appropriate Commission. In response to such publication, members of the public (including consumers) are entitled to submit suggestions and objections before the Commission. The Commission upon receipt of such suggestions/objections (if any) from the public shall within 120 days from receipt of tariff application consider such suggestions/objections and pass tariff order accepting the application with such conditions or modifications as may be specified in the said order or reject such application after assigning reasons in support thereof - Order under section 64 of the Act is subject to an appeal before the Appellate Tribunal under section 111 of the Act at the behest of an aggrieved party where the parties shall be given an opportunity of hearing by the Tribunal while disposing of such appeal. Natural justice is not a strait jacketed formula. Oral hearing may be a constituent of natural justice but is not an inalienable facet in all cases. Even otherwise whether it is oral or written objection as long as such opportunity is provided . There is no question of violation of principles of natural justice . However the procedure contemplates oral hearing only if decision is to reject application for tariff fixation submitted by the license - Statutory scheme under which the decision is taken, nature and subject matter of enquiry, nature of the decision taken and prejudice, if any, caused to a party in course of such decision making process if only written representation is considered are relevant parameters to decide whether oral hearing is a mandatory requirement in a decision making process. The scheme of the legislation in the instant case gives rise to an irresistible inference that the objection of consumers and other members of the public before the State Commission under section 64 of the Act are to be made in written form only and no right of oral hearing is reserved in their favour - in view of the fact that the Commission is required to arrive at an informed decision relating to tariff fixation within a time frame under a statutory scheme which requires considering written objections/representations only of the objectors including consumers, it is difficult to come to a conclusion that it was the intention of the legislature to provide oral hearing to objectors/consumers at the time of determination of tariff by the State Commission under section 64 of the Act of 2003. It is trite law that all consumers are to be treated equally and fairly by the State Commission in the matter of determination of tariff under section 64 of the Act. Merely because the writ petitioners have been directed to furnish bank guarantee they cannot be held to have better rights and treated differently from other consumers/objectors. The respondent/writ petitioners are not entitled to oral hearing either as of right or on equitable principles in the instant case in the course of fixation of retail/distribution tariff under the Act of 2003 - Appeal disposed off.
|