Jurisdiction of the State Commission.—
(1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction— (a) to entertain— (i) complaints ... District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested
Jurisdiction of State Commission.
(1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction- (a) to entertain- (i) complaints where ... District Commission within the State, where it appears to the State Commission that such District Commission has exercised a jurisdiction not vested
through PPAs
cannot confer jurisdiction to the State Commission,
when the State Commission does not have the
jurisdiction under the Act. The State Commissions
cannot ... before the State Commission. It never
sought for any declaration from the State Commission that
Central Commission alone has got the jurisdiction. In fact,
that
licence by the State Commission, could be
construed to be a deemed licensee?
(b) Whether the State Commission has got the
jurisdiction to adjudicate upon ... State commission only
when Gujarat Urja sought penalty/compensation from PTC
under the PPA. Thus the Gujarat State Commission is the
appropriate Commission to adjudicate
Functions of State Commission
(1) The State Commission shall discharge the
following functions, namely:-
.....................................................................
.......
(f) adjudicate upon the disputes between the
licensees, and generating companies ... Commission is, therefore, the State
Commission which approves the tariff for purchase
and sale of power by PTC i.e. the same State
Commission
passed by Haryana State Commission
dismissing interlocutory application filed by the Appellant
before the State Commission questioning the jurisdiction of
the State Commission ... licensee of the Haryana State
Commission. Hence, Haryana State Commission
cannot have jurisdiction over the dispute between
them.
(iii) There was no clear nexus between
Himachal
Pradesh State Commission, a specific objection was
raised by the Appellant that the Himachal Pradesh
State Commission has no jurisdiction. Thereupon, the
Respondent ... party
before State Commission nor this issue had been framed by
the Commission in the impugned order. The State
Commission in the instant case
more than two States,
then the State Commission in respect of a particular supply would not
have jurisdiction to determine tariff for supply ... this Hon'ble Tribunal:
(i) Whether the State Commission or the Central Commission has the
jurisdiction to determine the tariff of Lanco
State Commission, being the only Appropriate Commission,
under the Act. It necessarily follows that the State Commission alone is the
Appropriate Commission to enforce ... State Commission. The Appellants may raise those as
defence before the State Commission, but then it is for the State Commission
to decide
State Load Despatch Centre and the
intra-State entities of the concerned State and was within
the jurisdiction of the State Commission, all disputes
arising ... State Load Despatch Centre and the intra-State
entities of the concerned State and falls within the jurisdiction of
the State Commission, all disputes arising
