8.14 The Courts have consistently held that the Regulatory Commissions under the Electricity Act, 2003 are the statutory, technical bodies, the fixation of tariff is legislative in character and the same should be left to such statutory bodies. As stated already, the Hon'ble High Court of Judicature at Madras, in WP No.22097 of 2013 has also upheld the powers of the Commission and without actually going into the merit of the case, has remanded the matter to this Commission. Therefore, if, on a thorough analysis of the entire issue in detail with reference to the statutory provisions including the National Electricity Policy, following the established procedures and prudent practice in the electricity sector in India with due regard to the pleadings of the respondents that the APCC rate has exceeded the preferential tariff during the year 2013 itself, the Commission arrives to a conclusion that the APCC charges has breached the preferential tariff, it may be open and appropriate for the Commission to pass an order that the amendment to the RPO Regulations would be effective from 15.07.2013, the date notified in the Government Gazette. In this case, as stated already, the APPC has breached and as such there is no need for postponement and also there is no statutory provisions to postpone the regulations which have already came into force and implemented. However, the Appellant, on a wrong appreciation and reading of the directions of the Hon’ble High Court of Judicature at Madras, has filed the above appeal. In other words, the Commission acted as per the High Court order.
