in June 2018, in terms of Regulation 88 and its corresponding notes, the amount was to be included while computing the FSA, which was to be levied in Quarter 2 of FY 2018-19. The Commission also held that the FSA over this period will be recoverable on the consumption of first Quarter of FY 2018-2019 (April, May, June of 2018) for all categories of consumers. The Respondents further contended that when the recovery was done by the Discoms based on Payment made by them to APRL in compliance to the Hon’ble Supreme Court Order and RERC order dated 13.06.2019 no such objection was ever raised by the Appellant on the said ground of selection of appropriate period for determining the cost. Therefore, now, when the recovery of remaining payment, made to APRL based on Supreme Court order, is being allowed based on one quarter of energy consumption, raising an objection by the Appellant, at this stage, is not legitimate and should not be permitted as it amounts to an act of estoppel. It is further submitted that the State Commission’s order dated 01.09.2022 is general in nature, which is applicable for the entire State of Rajasthan and for every type of consumer. Moreover, since the said order is in force since October 2022, an amount of approximately Rs.1,747 Crore has already been assessed from consumers in terms of that order. Hence, any interference with the said order, at this stage, will have repercussions of wider magnitude, and therefore, prayed for dismissal of the appeal.
