JSA successfully represented Maharashtra Border Check Post Network Limited (“MBCPNL”) in a petition before Maharashtra Electricity Regulatory Commission (“MERC”), seeking applicability of ‘Public Service – Others’ tariff category to its 23 Border Check Posts (“BCP”) and refund of differential/ excess tariff recovered by Maharashtra State Electricity Distribution Company Limited (“MSEDCL”) under ‘Commercial’ tariff category.
On 22.04.2024, MERC while allowing the petition, inter-alia, held that:-
- In case an issue requires clarification of Tariff Orders or there is some confusion in the applicability of proper tariff category, the Commission has jurisdiction to clarify the applicability of the Tariff Order.
- The nature of MBCPNL’s activities align with ‘Public Service – Others’ tariff category, as it involves providing services to the public and governmental departments. Therefore, BCPs at all locations fall under the ‘Public Service – Others’ tariff category and shall be categorized accordingly.
- MSEDCL shall install sub-meters where commercial facilities such as restaurants, canteens etc. are provided at the BCPs and bill under the appropriate tariff category.
- MSEDCL’s action of raising bills for differential amounts (difference between Commercial and Public Service-Others tariff category) is set aside. Accordingly, MSEDCL shall revise/reverse bills issued and refund such differential amounts to MBCPNL along with interest at Bank Rate stipulated in MERC (Multi- Year Tariff) Regulations, 2019.
Our Disputes Team Comprised Lead Partner – Abhishek Munot, Partner – Kunal Kaul and Principal Associate – Malcolm Desai.
Abhishek is a part of Disputes group of JSA and anchors the Regulatory Practice of JSA in Western India. Abhishek handles sector specific commercial litigation, arbitration constitutional & administrative law litigation and regulatory proceedings before statutory authorities, tribunals and courts.