No power generator or power developer shall be entitled to the benefit of new regulation or subsequent \order which is to be enforced from the subsequent date on the ground that the said project has been commissioned ahead the scheduled commissioning date. It is not the case of the appellant that the cost of the project was high or the return on investment was inadequate or the project was commercially unviable due to change in circumstances. On the other hand, the appellant sought a higher tariff based on a subsequent regulation which was effective for a subsequent date only on the ground that the project was commissioned before the scheduled date and if the project was commissioned as per the schedule agreed in the implementation agreement, they would be entitled to tariff as per the subsequent regulations This is not a valid reason for redetermination of tariff. In other words, the appellant wants retrospective application of the regulation notified on 01.01.2013 which is not permissible. 19. In the light of above discussions, in our view, there is no illegality or infirmity in the impugned order dated 10.06.2013, passed by learned Kerala Commission , hence the present appeal is dismissed being devoid of merits. No order as to costs. Pronounced in open Court on this day of 3rd day of January, 2014. 

The Electricity Act, 2003