JSA Advocates & Solicitors (“JSA”) successfully represented West Bengal State Electricity Distribution Company Ltd. (“WBSEDCL”) and India Power Corporation Ltd. (“IPCL”) before the Hon’ble Appellate Tribunal for Electricity (“Hon’ble Tribunal”) in a significant matter concerning applicability of retail tariff under the Electricity Act.
The Hon’ble Appellate Tribunal for Electricity, by its recent judgment dated 27.04.2026, dismissed the Appeals filed by Damodar Valley Corporation (“DVC”) and upheld Ld. West Bengal Electricity Regulatory Commission’s (“Ld. WBERC”) Orders dated 01.03.2019(“Impugned Orders”) whereby it was held that sale of power by DVC to West Bengal State Electricity Distribution Company Ltd. (“WBSEDCL”) and India Power Corporation Ltd. (“IPCL”) cannot be treated as sale of power by a generating company to a ‘consumer’.
The Judgment is significant since the Hon’ble Tribunal has held that:
(a) The voltage level at which the power is being supplied, or the mode of power supply cannot change the statutory status of distribution licensees recognised under the Electricity Act.
(b) Distribution Licensees are not liable to pay retail supply tariff, which is applicable strictly to ‘consumers’ who consume power for their own use.
(c) DVC cannot take advantage of the arrangement between the parties that had commenced prior to the Electricity Act coming into force, to compel IPCL and WBSEDCL to pay retail tariff.
The Judgment brings much-needed clarity by clarifying the distinction between a ‘Consumer’ and a ‘Distribution Licensee’ in terms of the Electricity Act, thereby settling the long-standing dispute between WBSEDCL, IPCL and DVC regarding the non-applicability of retail supply tariff, determined by Ld. WBERC.
The JSA team was led by Amit Kapur, Partner and Akshat Jain, Partner, with support fromShikhar Verma, Senior Associate and Sayan Ghosh, Associate.