CIC: Distribution Transformer Wise losses should be disclosed as per section 4(1)(c); if the tariff fixation is done without complete disclosure & hearing the objections, it would cause irreparable loss to the consumer & undue benefits to the DISCOMs
16 Jun, 2015Distribution Transformer Wise losses should be disclosed as per section 4(1)(c) Every public authority shall publish all relevant facts while formulating important policies or announcing the decisions which affect public; Every public authority shall publish all relevant facts while formulating important policies or announcing the decisions which affect public; of the RTI Act; if the DERC applies the tariff fixation without disclosing the complete information & hearing the objections, it would cause irreparable loss to the consumer & undue benefits to the DISCOMs - CIC: extend the date of receiving objections from the consumers after disclosing the information u/s 4(1)(c) Every public authority shall publish all relevant facts while formulating important policies or announcing the decisions which affect public; Every public authority shall publish all relevant facts while formulating important policies or announcing the decisions which affect public; of the RTI Act
ORDER
FACTS:
2. The complainant Anil Sood who is a social activist interested in taking up issues of public interest has filed RTI application on 1222013 seeking information on Distribution Transformer Wise negative losses in respect of BRPL, BYPL, TPDDL for the year 201112. The respondent authority replied that the Commission considered Divisionwise DTwise losses in respect of BRPL, BYPL and TPDDL for 201112 and observed that comprehensive analysis of the losses in respect of DTs which record high losses while taking the energy supplied from the DTs will be submitted for further directions of the Commission. The Complainant says that till date the respondent authority did not analyse the DTwise losses and informed him. The complainant filed another RTI on 10112014 which was replied on 2332015 and 432015 regarding the capitalisation of fixed assets. The complainant is questioning how the respondent authority have done the capitalisation of fixed assets leading to revenue gap of Rs.20,000 crores. In support of this, the complainant produced a document titled Statutory advice to the Govt of NCT of Delhi under Section 86(2) of the Electricity Act, 2003. The complainant says till date there is no information and they specifically refused saying no separate note exists regarding capitalisation, which is again a false statement, as per the complainant, as the same is contradicted by Note CF3429 pages 115/ notes which is annexed to the complaint (page47). The complainant is alleging that Section 4(1)(3) disclosure is not happening. There has been a huge public outcry in the last 2 to 3 years against the tariff increases approved by the Commission in order to bridge the increasing gap between annual revenue requirements and revenue available from sale of electricity. Not only have the tariffs increased significantly in the last 2 years but the residual revenue gap has also built up to alarming levels. Vide tariff order of 26 August 2011, the tariff was increased by 22% across the board for all consumer categories.
3. The Complainant gave the following grounds:
1. That the action of the Commisison by uploading the Executive Summary instead of uploading the issues that in its own opinion would impact its decision of tariff setting for the year 201516 is illegal, arbitrary, malafide and contrary to the provisions of RTI Act, 2005.
2. That the Commission has deliverately, malafidely and persistently not provided the information to the General public inspite of the clear mandate of the RTI Act even though the information to be provided is available with the public authority which is backed by a batter of experts and consultants and was not exempted under section 8 and 9 or any other provisions of the RTI Act
3. That the Chief Secretary and Sectary (Power), GNCTD has miserably failed to act in the Public interest without any plausible explanation and have failed to fulfill their obligations cast upon them under section 4(1)© of the RTI Act despite knowing that the Commission acts under Policy directives of the State Government.
4. Therefore, the respondents are liable for penalty under section 20(1) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall impose a penalty of two hundred and fifty rupees each day till application is received or information is furnished, so however, the total amount of such penalty shall not exceed twenty-five thousand rupees: Provided that the Central Public Information Officer or the State Public Information Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Central Public Information Officer or the State Public Information Officer, as the case may be. of the RTI Act and recommendation for disciplinary action under section 20(2) Where the Central Information Commission or the State Information Commission, as the case may be, at the time of deciding any complaint or appeal is of the opinion that the Central Public Information Officer or the State Public Information Officer, as the case may be, has, without any reasonable cause and persistently, failed to receive an application for information or has not furnished information within the time specified under sub-section (1) of section 7 or malafidely denied the request for information or knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information, it shall recommend for disciplinary action against the Central Public Information Officer or the State Public Information Officer, as the case may be, under the service rules applicable to him. of the RTI Act for refusing to comply with the mandate of section 4(1)[C] and obstructing the information in question, without any reasonable cause and causing huge loss to the Consumers of GNCTD, Delhi.
5. The Complainant has explained the urgency involved in the issue and requested for admitting the complaint immediately out of turn saying that today (17415) is the last day for filing objections by the consumers. There is utmost urgency and necessity to issue Show Cause Notice to the respondent and direct them to defer the proceedings on inviting suggestions and holding public hearing till the time the Commission hears this case. The Complainant contended before the Commission that if the DERC applies the tariff fixation without disclosing the complete information and hearing the objections it would cause irreparable loss to the consumer in the capital city of Delhi and will result in undue benefits to the DISCOMs. When the Commission questioned the complainant, why he has not filed this complaint earlier, he explained that he did not receive any response to the complaints made to the Chief Secretary, Principal Secretary(Power), GNCTD on 642015.
DECISION:
6. The Commission admits this complaint and issues notice to the respondents and directs them to extend the date of receiving objections from the consumers to a convenient date after disclosing the information under section 4(1)[c] of the RTI Act as requested by the complainant.
7. The Commission also directs complainant to dispatch the copies of the complaint along with the enclosures to the respondents.
8. The Complaint is posted to 1152015 at 2.30 pm.
(M Sridhar Acharyulu)
Information Commissioner
Citation: Anil Sood v. DERC in Case No. CIC/SA/C/2015/000092