ADHUNIK CHEMICALS (P) LTD. vs RAJASTHAN STATE ELECTRICITY BOARD

THESE are cognate matters and the cause of action giving rise to the aforesaid cases is the levy and enhancement of fuel surcharge by the respondent, unilaterally and retrospectively. The grievance of the applicants/complainants in these cases is that the demand of respondents, based on enhancement of fuel surcharge, is contrary to the agreement between the parties and to the provisions of the Electricity Supply Act, 1948 and thus constitutes a restrictive trade practice.

WE have heard the learned Advocates for the applicants/complainants as well as that of the respondents on the issue with regard to maintainability. An order of the Hon''ble High Court of Delhi passed on 16.8.2000 in Civil Writ Petition No. 1344/2000 and other connected Civil Writ Petitions i.e. C.W.P. 1345/2000, C.W.P. 1346/2000 and C.W.P. 1347/2000, in the case of M/s. Jagdambey Castings Pvt. Ltd. v. MRTP Commission & Ors., has been produced before us. It has been brought to our attention that this order of the Hon''ble High Court of Delhi was passed in the civil writ petition arising from this Commission''s order dated 16.3.2000 passed in R.T.P.E. No. 58/1998 and other connected matters, wherein the entitlement of the respondent-Rajasthan Electricity Board to demand fuel surcharge from the applicants/complainant, was decided and it was held that fixation of tariff was a legislative function of the respondent, Rajasthan Electricity Board and fuel surcharge was a part of the tariff and, therefore, MRTP Commission had no jurisdiction to go into this matter and accordingly, the proceedings were not maintainable. The aforesaid order of the MRTP Commission was upheld by the Hon''ble High Court of Delhi and the civil writ petition was accordingly, dismissed. It has been further brought to our attention that two of the parties aggrieved by the order of the Hon''ble High Court of Delhi, approached the Hon''ble Supreme Court and the Hon''ble Supreme Court vide its order dated 2.1.2001 dismissed the Civil Appeal No. D 15209/2000, on the ground that the complaint petitions filed before the MRTP Commission were not maintainable. In view of the aforesaid order of the Hon''ble Supreme Court, which is binding on the Commission, the above mentioned Restrictive Trade Practices Enquiries are dismissed as not maintainable. A copy of the order may be placed on each of these case files. Complaint dismissed.