South India Spinners Association Vs Chairman cum Managing Director Tamil Nadu Generation and Distribution (Madras High Court)
Madras High Court held that demand of network charges in respect of energy produced by Rooftop Solar Generators is set aside as all the charges are already included in tariff. Accordingly, demand is set aside and writ petition is allowed.
Facts- The petitioners are aggrieved by the demand charges that have been levied on HT/LT prosumers at the rate of 0.83 paisa for HT prosumers and Rs.1.27 paisa for LT prosumers on the generation of units from solar plants. They point out that the inference of the respondents that the solar plants work only in tandem with the network is incorrect, since the dependence of the solar plant on the network is minimal.
The tariff fixed by the Electrical Inspectorate for consumption of solar energy was 10 paisa as solar rooftop charges. According to the petitioner, nothing further ought to have been imposed over and above the same as they would fall under the category of ‘consumers’ under the relevant Regulations and not ‘prosumers’.
Conclusion- Held that there is no sanctity in the impugned demands. If at all the respondents believed that there should have been an additional component of cost, then the proposal should have been made and finalized in a transparent manner enablishing the petitioners to take an informed decision as to whether they are interested in exploring the solar policy at all. This was never done.
