CAPTIVE CONSUMERS/CAPTIVE USERS ARE NOT LIABLE TO PAY ADDITIONAL SURCHARGE UNDER SECTION 42(4): SUPREME COURT Under Section 2(15) of the Electricity Act, 2003 and the captive consumers are different and distinct and they form a separate class by themselves. In the present matter was considering a civil appeal passed by the Appellate Tribunal for Electricity, Delhi. In the impugned judgement, the Appellate Tribunal had allowed the appeals preferred by the respondents the ‘captive consumers’ and had set aside the order passed by the Maharashtra Electricity Regulatory Commission by which the State Commission had held that the group of ‘captive consumers’ are liable to pay additional surcharge. The issue that arose for consideration was whether the captive consumers/captive users are liable to pay the additional surcharge leviable under Section 42(4) of the Electricity Act, 2003. With a team of Law experts, Reddy & amp; Reddy Law Firm has extensive experience and involvement in legal disputes.