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Consumers cannot be forced to buy power only from DISCOMS: APTEL no compulsion or limitation may be placed in the way of the right to enjoy free access, the Tribunal said. It further concluded that every customer has a statutory right to get energy from either the DISCOMS or the open market and that no consumer's right to open access can be restricted under any circumstances. The Bench, led by APTEL Chairperson Justice Manjula Chellur, was hearing a case involving a Technical Member and a Judicial Member who had differing viewpoints. In its pricing decision for 2020-21, the Andhra Pradesh Electricity Regulatory Commission (APERC) put a blanket prohibition on ferroalloys manufacturers buying electricity through open access. In an order issued last year, the Andhra Pradesh Electricity Regulatory Commission authorized the project. The appellant business then filed a complaint with the APTEL, arguing that the judgment resulted in unjustified differences within a class.
In its pricing decision for 2020-21, the Andhra Pradesh Electricity Regulatory Commission (APERC) put a blanket prohibition on ferroalloys manufacturers buying electricity through open access. In an order issued last year, the Andhra Pradesh Electricity Regulatory Commission authorized the project. The appellant business then filed a complaint with the APTEL, arguing that the judgment resulted in unjustified differences within a class. "It's all about prejudice. Allowing free access to some sectors while denying it to other similarly situated industries is clearly discriminatory, and it goes against the spirit of the Electricity Act of 2003. As a result, open access under Section 42, together with the definition of "open access" under Section 2(47), clearly demonstrates that no coercion or limitation may be imposed on the right to enjoy open access."
"The State Commission appears to have acted only in the benefit of DISCOM at the expense of the customer by blocking the consumer's right to open access, which is non-discriminatory under the Act..." says the report. As a result, it determined that the appellant cannot be forced to purchase electricity from the DISCOM and that forcing the appellant to purchase power from DISCOM would be contrary to the 2003 Act's concept. Advocates Ardhendumauli Kumar Prasad, Ushasri Gavarraju, and Ashish Madan represented the Andhra Pradesh State Power Distribution Company Limited. Advocates Sridhar Potaraju, Shiwani Tushir, and Aayush Shankar represented the Andhra Pradesh Electricity Regulatory Commission.
Tags : #APTEL #Appellate Tribunal for Electricity #Justice Manjula Chellur #Electricity Act, 2003
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