Can I challenge an unfair electricity tariff hike for my Siliguri factory before the state electricity regulatory commission?

Detailed Legal Analysis

Yes, you can challenge a tariff hike before the State Electricity Regulatory Commission constituted under West Bengal Premises Tenancy Act 1997, which has the exclusive jurisdiction to determine tariffs for distribution licensees in Siliguri. You must file a representation during the tariff petition process and can later file a review or an appeal before the Appellate Tribunal for Electricity if the order affects you adversely.

The Calcutta High Court has held that the Commission must follow the principles of transparent tariff setting and grant a hearing to consumers and industrial associations before approving any increase. If the Commission passes an order without proper consultation or in violation of the Electricity Act, a writ in the Calcutta High Court is maintainable on grounds of procedural illegality.

Gather your bills, the tariff order, and the objections you filed so you can demonstrate how the hike affects your unit and where the Commission erred.