The Andhra Pradesh High Court today said that AP Transco and four distribution companies cannot recover money in the form of fuel surcharge agreement for 2009-2010.

Mr Justice C.V. Nagarjun Reddy passed these orders while dealing with a batch of writ petitions filed by various consumers stating that the surcharge for 2009-2010 cannot be recovered from consumers now. The discoms had proposed steep hike in power charges on consumers citing fuel surcharge adjustment.

The petitioners had contended that the order of AP Electricity Regulatory Commission permitting distribution companies to recover FSA for the power consumed in 2009-2010 is unconstitutional. The contention was consumers were being forced to pay now.

According to the AP Electricity Regulatory Commission (Conduct of Business) Regulations, 1999, any levy contemplated has to be filed within 30 days by the distribution companies. Failing which they forfeit any further claim. The regulator condoned the delay though claims were filed beyond thirty days.

The court took note of the fact that a Division Bench had already declared that such delayed claims by the Discoms cannot be entertained by the regulator while dealing with FSA for 2008-2009. That appeal is pending before the Supreme Court. Mr Justice Reddy said that the demand for 2009-2010 should not have been made in view of the pending case in the Supreme Court. As on today, the judgment of the Division Bench of this High Court which was in favour of the consumers for 2008-2010 is still in force.

Amounts already collected will be adjusted in the future bills, he said.

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