TMI Blog2012 (5) TMI 592X X X X Extracts X X X X X X X X Extracts X X X X ..... ory Commission (for short Commission ) at Jaipur in terms of Sections 62 and 64 of the Electricity Act, 2003 for revision of tariff to be effective from December 1, 2004. Each one of these distribution companies ( Discoms for short) had an existing tariff but in their respective applications they sought an identical tariff revision which requests were taken up by the Commission for consideration together and disposed of in terms of a common order dated 17th December, 2004, passed after notices regarding filing of the said applications were published in different newspapers having circulation in the State of Rajasthan. Several objections were filed and suggestions made by nearly 100 individuals and organisations in the course of the proceedings before the Commission. All these objections were then considered by the Commission no matter only 38 of those who had filed the same had complied with the requirement laid down by the former. A large number of people and organisations even applied for personal hearing and were heard on different dates at different venues fixed for the purpose. Some of these objections also related to individual problems of the consumers or disputes relating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he opposition of the Discoms to the said prayer and the contention that the incentive scheme was to be effective upto 31st March, 2003 or till the Commission issued a tariff order whichever was earlier. 4. The Commission noted the submissions made on behalf of the Discoms that the tariff petitions had been filed in August 2004 and the details of the scheme had been published in newspapers including the incentive scheme which was deliberated in the course of the public hearing and dealt with in the Commission s tariff order dated 17th December, 2004. It was also argued on behalf of the Discoms that the modified incentive scheme was free from any legal flaw. 5. Consideration of the rival submissions led the Commission to the conclusion that its order dated 17th December, 2004 had examined the question raised by the petitioners regarding the continuation of the incentive scheme and found that the scheme had a limited validity and its withdrawal did not offend the principles of promissory estoppel. It also held that the modification of the scheme was not without public notice and the discontinuance of the old incentive scheme had been given wide publicity pursuant to which large ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d a condition that existing industries could avail of the incentive subject to the stipulations in the scheme and nothing more. The tariff fixation is a statutory function in terms of The Electricity Act 2003 and tariff is to be fixed in the larger interest of consumer public at large. That being the position and when in the very tariff scheme, it has been specifically provided that the scheme will come to an end on 31.03.2007 or when the Regulatory Commission determines distribution tariff which ever is earlier. This is only meaning it is not known as to how the appellants could advance the said contention that the scheme is to be given any other meaning is impermissible. This sentence which is incorporated in the scheme is fatal to the claim of the appellants and none of the precedents pressed into service by the appellants will come to their rescue. It will be sufficient to answer this point, however, as the appellants on all the contentions pressed for a decision. 7. We have heard learned counsel for the parties at considerable length. An appeal under Section 125 of the Electricity Act, 2003 is maintainable before this Court only on the grounds specified in Section 100 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sumption. The Commission while conveying its approval to extension of the incentive scheme clearly stipulated that it shall be valid till 31.3.07 or revision of tariff whichever was earlier. The scheme itself had a limited validity and therefore, did not attract the principle of promissory estoppel. The Commission had envisaged review of incentive scheme at the time of tariff revision, as the proceeding would have provided opportunity to public to express their views to enable appropriate changes in incentive scheme or tariff. 71. After considering the petitioners proposal and the views expressed before us, the Commission is of the view that no separate scheme is called for at this stage. The need to provide incentive to promote consumption of electricity by large industrial power (LIP) consumers should be taken care of by the tariff itself. An incentive which encourages better load factor will serve the purpose. Consequently, an incentive scheme linked to consumption per KVA of contract demand is proposed. Accordingly we direct that the incentive shall be available to all LIP consumers including railways and public water works, and eligibility for incentive shall be as follows ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the purpose under Section 125 of the Electricity Act, 2003. 10. We may before parting mention that in Civil Appeal No.3814 of 2007 filed by DSR Steel (P) Ltd., one of the questions that was urged before us was whether the period of limitation would start running from the date of pronouncement of the order or the date of communication thereof. Relying upon the decision of this Court in Chhattisgarh State Electricity Board v. Central Electricity Regulatory Commission and Ors. (2010) 5 SCC 23 it was contended on behalf of the respondent that the date on which the order was pronounced would also be the date on which the same is deemed to have been communicated. 11. Section 125 of the Electricity Act, 2003 makes it abundantly clear that the period of limitation commences from the date of communication of the decision or order and not from the date of its pronouncement. As a matter of fact, Rules 94 and 98 of the Rules framed under the Act make a clear distinction between intimation regarding pronouncement of the order on the one hand and the communication of the order so pronounced to the parties on the other. While Rule 94 appears to us to provide for notice of pronouncement o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt or Tribunal makes an order in a review petition by which the review petition is allowed and the decree/order under review reversed or modified. Such an order shall then be a composite order whereby the Court not only vacates the earlier decree or order but simultaneous with such vacation of the earlier decree or order, passes another decree or order or modifies the one made earlier. The decree so vacated reversed or modified is then the decree that is effective for purposes of a further appeal, if any, maintainable under law. 14. The third situation with which we are concerned in the instant case is where the revision petition is filed before the Tribunal but the Tribunal refuses to interfere with the decree or order earlier made. It simply dismisses the review petition. The decree in such a case suffers neither any reversal nor an alteration or modification. It is an order by which the review petition is dismissed thereby affirming the decree or order. In such a contingency there is no question of any merger and anyone aggrieved by the decree or order of the Tribunal or Court shall have to challenge within the time stipulated by law, the original decree and not the order d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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