New Delhi: The Delhi Electricity Regulatory Commission (DERC) has hit back at the Aam Aadmi Party (AAP) led Delhi government for summoning its chief to the state assembly to explain the power tariff hike in the capital.
In a letter written to the Delhi government, DERC has mentioned the ‘inappropriate’ nature of the demand put forward by AAP.
The letter, reviewed by Business Standard mentions that all the orders of the commission come under the Electricity Act and any dispute of any kind should be challenged legally.
“DERC is a quasi-judicial autonomous and statutory institution set up under the Electricity Act, 2003 and is exclusively mandated to fix tariff and take up all related areas of functioning as prescribed under Section 86 of the Act,” said the letter.
AAP members of the legislative assembly, last week had demanded that the DERC chief should be summoned to the state assembly to explain high power tariff in the national capital territory (NCT) of Delhi. Alleging DERC for favouring the power distribution companies in Delhi, the members asked to look into the independent role of the commission.
“I admit people of Delhi are troubled with whims and fancies of power companies. Therefore the DERC chairman will be asked to come in the next session of Assembly,” Assembly speaker Ram NiwasGoel had said then. The sole opposition party in the Delhi Assembly, the Bhartiya Janata Party agreed on the same.
Questioning the government’s stand, DERC in the letter said it was uncalled for the government to blame the Commission for wrong doings of the discoms, when the government itself is a 49 per cent stakeholder in all the discoms.
“The Delhi government has 49 per cent share holding in all distribution companies and its high officials are directors on the board of these companies. The government is, therefore expected and assumed to be familiar with the affairs of the discoms. It may then not be proper for any stakeholder (such as the government) to raise questions of the DERC regarding its quasi-judicial functioning by administrative recourse,” said the letter.
Mentioning that all the orders and decision of DERC is available on their public online portal, DERC said that it will not be in a position to “explain” these in any further details than already done.
“In the above background, it would not be appropriate or fair to all the stakeholders for DERC to respond to specific allegations in respect of the exercise of tariff fixation because these have financial implications for all concerned,” said the communication from DERC to AAP.
Sector experts are aghast at the impudence of the political party. Sources in the know said no political party even the ruling government can summon a judicial body in the house of legislature. “This is against the Electricity Act drafted under the provisions of the sanctimonious Constitution of India. If any person or party has any question over any ruling of the Commission, then it needs to be addressed through a legal route,” said a power sector expert.
DERC officials refused to comment on the development.
The Commission in its letter has said government of NCT of Delhi and consumers are free to question/dispute the fixation of tariffs by filing appeals before the Appellate Tribunal For Electricity (APTEL) and in case of need, the APTEL order can also be challenged before the honourable Supreme Court.
“The Commission follows the due process of law while finalising the tariff orders giving due consideration to the observations of all stakeholders including consumers who are also heard in the course of public hearing,” said the DERC letter.
The letter also emphasised that the Commission is well aware of its responsibility to protect the responsibility to protect the interests of the consumers and ensure that the tariffs are correct as per law and fully justified.
