HC stays WBERC order on DPL refund

The Calcutta High Court today stayed a part of the order passed by West Bengal Electricity Regulatory Commission (WBERC) in it asked Durgapur Project Ltd (DPL) to refund 4 paise for every unit of electricity supplied to consumers in years 2000-01 and 2001-02.

Justice Pinaki Chandra Ghosh, responding to a writ petition filed by DPL challenging the order of WBERC, passed the stay order.

WBERC on May 24, 2004, had issued the directive to DPL as in the "last two years, DPL had overcharged its consumers".

IT should refund the excess amount to consumers, said WBERC. DPL in its petition stated the WBERC order was passed without application of mind. Its created a financial crisis in DPL. If the order was not stayed, DPL would be in great problem, the petition added.

DPL stated the Electricity Tribunal had not yet been set up. So the writ court had the jurisdiction to entertain its petition.

ERC opposed the petition stating that by virtue of a Supreme Court order, High Courts did not have any jurisdiction to interfere with ERC's tariff fixation order.

DPL mainly supplied electricity to West Bengal State Electricity Board.