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Decision No.CIC/SG/A/2009/002812/6086
Appeal No. CIC/SG/A/2009/002812
Appellant : Mr. H. L. Kalsi,
E/265-268,
D/S Ramesh Nagar,
New Delhi-110015
Respondent : Public Information Officer
Assistant Secretary,
O/o the Delhi Electricity Regulatory
Commission,
Viniyamak Bhawan, C-Block,
Shivalik, Malviya Nagar,
New Delhi-110017
RTI application filed on : 16/03/2009
PIO replied : 16/04/2009
First Appeal filed on : 07/07/2009
First Appellate Authority order : 11/08/2009
Second Appeal Received on : 30/10/2009
Notice of Hearing Sent on : 24/11/2009
Hearing Held on : 24/12/2009
Information sought:
1. Please clarify under which laws, rules and regulations Discoms and their associates
have been exempted from the payments of consumptions of Electricity charges
Consumed by them in various Building, offices, substation under their control and
used since June-202 as state by BYPL and BRPL in this written replied dated
07/02/2009 and 05/02/2009. Appellant's objection dated 27/01/2009-2010 of para
II(i) in the case of i.e Amendment of FRR for 2009-2010 petition files by the Discom
refer DERC
2. Clarify whether o NDPL has also been certified or not from the payment of
Consumption of Electricity charge Consumed by him since June-2002.
3. Clarify that what action has been taken by the commission in this regards after
27/02/2009.
PIO's Reply:
The PIO informed to the Appellant that the issues raised by him in his RTI Application had
already been taken up during the public "hearings in the tariff determination process or the
FY2009-10.
Accordingly, it was not possible to comment on the issues raised during the public hearings
before the DERC Tariff order was issued.
Grounds for First Appeal:
Appellant had raised following facts after reply of the PIO:
Appellant requested for the existing tariff rates fro FY-2008-09 and proposed tariff rates for the
FY- 2009-10 for the electricity consumption charges and category of the electricity consumed by
them in their building, offices, all other type of premises under their control, associates and
contractors. Whether the Commission had directed for Nil tariff bills for DISCOMS or not and
on what authority they were using electricity free of cost and without metering.Clarification on
letter dated 27/02/2009 sent to the Commission.
Order of the First Appellate Authority:
The FAA stated that the issue regarding consumption of energy in the office premises of
Discoms and payment thereof was considered by the Commission during the course of public
hearing on the True up and ARR petition of Discoms for FY 2009-10. The Discoms submitted
that energy consumed in their office premises was value at Rupees zero per unit, as per the past
practice and since the consumer of such electricity was the company itself, such consumption is
termed as "own consumption" by the Discoms. As no bill is raised by the Discoms. As no bill is
raised by the Discoms against themselves for their "own consumption", the question of
Electricity Tax in the matter does not arises.
Grounds for Second Appeal:
Incorrect, incomplete and misleading information. No printed books for BYPL and BRPL sent
by the DERC on the petition to the Appellant. NDPL did not reply against any objection letter
dated 27/02/2009.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Mr. H. L. Kalsi;
Respondent: Absent;
The PIO has sent a written submissions to the Commission in which he has maintained
that all the three queries of the Appellant clearly stated that they were seeking clarification. The
PIO has taken the position that giving a clarification not on records is not information as defined
under Section 2(f) of the RTI Act. Whereas the Commission has to accept this contention of the
PIO it would have been in the fitness of things and in the spirit of the Act if the PIO had taken a
more liberal view and interpreted what information was being sought.
Decision:
The appeal is disposed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
24 December 2009
(In any correspondence on this decision, mention the complete decision number.)Rnj