38.
| (1) The following disputes arising in connection with the supply or use electricity shall be referred, to the Commission by any party to the dispute :-
| | (a) a dispute between a licensee and a tariff customer arising under section 24 to 29 of, or Schedule 1,2 or 3 to this Act ; | | |
| | (b) any dispute (other than a dispute referred to in paragraph (a) between a licensee and -
| | | (ii) another licensee ; or |
| (iii) any other affected party, |
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| (2) On a reference under paragraph (a) of subsection (1), the Commission shall mediate and resolve the dispute and on a reference under paragraph (b) of subsection (1) the Commission shall mediate and resolve the dispute unless it decides that it is more appropriate for the dispute to be determined either by the court or arbitration. |
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| (3) The practice and procedure to be followed in the resolution of such dispute shall be such the Commission shall set out by rules made under the Public Utilities Commission of Sri Lanka Act, 35 of 2002. |
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| (4) Where any dispute arising under section 26 is to be resolved by the Commissions under this section, the Commission may give direction as to be security (if any ) to be pending the determination of the dispute. |
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| (5) A resolution by the Commission under this section -
| | (a) may include such incidental, supplemental and consequential provisions (including provision requiring either party to pay a sum in respect of the costs or expenses incurred by the Commission) as the Commission considers appropriate ; and | | |
| | (b) shall be final and shall enforceable, so far as it includes such provision as to costs or expenses incurred by the Commission, in the District Court of Colombo as if it were a decree entered by that court for the payment of money. | | |
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| (6) In including a provision as to costs and expenses in a resolution under this section, the Commission shall have regard to the conduct and means of the parties and any other relevant circumstances. |
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Sri Lanka Consolidated Acts