In what could be a major solace to the domestic consumers from the onslaught of the power distribution companies (Discoms), the AP High Court on Friday ruled the AP Electricity Regulatory Commission (APERC) had no authority to permit the Discoms to decide and collect the Fuel Surcharge Adjustment (FSA) from the high tension power consumers as the submissions were time barred for the year 2008-09.

Overruling a single-judge bench order, the division bench of the HC said that the Discoms had filed their claims with the APERC after the stipulated period and hence, the regulatory authority could not extend the time period stipulated in the amended Regulation 45-B (4) of the Business Regulations for recovery of the surcharge. “As such, it can’t permit them to collect the FSA from the HT consumers,” the court ruled.

A single judge earlier said the regulatory authority had the power to take such a decision. The HT consumers then approached a division bench seeking cancellation of the earlier order.

This judgment with regard to the HT consumers would also be applied to the domestic consumers who were given a shock by the Discoms on Tuesday. The Discoms said they had decided to collect the FSA from the domestic consumers as well for the years 2008-2009 and 2009-2010.

However, the Discoms filed their claims for the collection of FSA from the domestic consumers after the stipulated period of 30 days in every quarter of the year. This judgment now bars the Discoms to go ahead with their proposal of collecting FSA from the domestic consumers as announced by them on Tuesday. (JUBS)