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2013 Supreme(Bom) 1244

In the High Court of Bombay at Nagpur
R.Y. GANOO, J.
Maharashtra State Electricity Distribution Company Limited (MSEDCL)
Versus
Electricity Ombudsman & Another
Writ Petition No. 422 of 2013
Decided on: 09-07-2013

Advocates Appeared:
For the Petitioner: S.V. Purohit, Counsel.
For the Respondents: R1, None, R2, C.V. Kale, Counsel.

Headnote:Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulation, 2006 - Regulation 6.7 - Limitation for Reference. - Where an application for electricity connection filed on 25.1.2012 was rejected therefore Reference before Consumer Forum under Electricity Act filed on 11.4.2012, not barred by limitation. - Merely because the application was once rejected long back, it cannot be said that the respondent No. 2 was prohibited from making an application afresh on the basis of changed circumstances. In the peculiar facts and circumstances of the case, the application filed on 25.1.2012 will have to be treated as a fresh cause of action to respondent No. 2. Accordingly reference filed on 11.4.2012 will have to be treated as having been filed within the period of limitation. Hence, rejected the arguments advanced by the petitioners that the reference before the Consumer Grievance Redressal Forum was filed beyond the period of limitation.

JUDGMENT

1. Rule. Rule made returnable forthwith. Respondent No.1 is not a contesting party hence its presence is not required for disposal of this appeal. Learned advocate Mr. C.V. Kale waives service on behalf of respondent No.2. The petition is taken up for final hearing.

2. The petitioners have challenged order dated 30.10.2012 passed by the Electricity Ombudsman, Nagpur in Representation No. 72/2012.

3. Few facts necessary for disposal of this petition are as under:-

One Mr. Parse was the proprietor of a firm by namely M/s Himalaya Ice Factory and was in possession of plot No. W-4/4 situate at MIDC, Hingna, Nagpur. Said Mr. Parse enjoyed electricity supply duly supplied by the petitioners. As the bills raised by the petitioners were not paid from time to time, there was arrears to the extent of Rs.5,31,470/-. On account of non-payment of the electricity charges, the electricity connection was disconnected on 19.3.1991. At the instance of the Maharashtra State Financial Corporation the said plot No.W-4/4 for sale with the intervention of court and respondent No. 2 purchased the said property in auction on 28.6.1992. Thereafter, in order to have electricity supply to the said property and to carry on the activities of the factory, the respondent No. 2 filed applications on 22.6.2008, 22.12.2008, 12.2.2009 and lastly on 25.1.2012. In so far as these applications are concerned, by letter dated 22.1.2009 the respondent No. 2 was informed by the petitioners that unless the outstanding dues in regard to the electricity connection, which was then in existence and through which electricity was supplied before its disconnection, are paid, the respondent No.2 would not be able to get electricity supply. Similar reply was sent in regard to the application dated 26.1.2012 and the petitioners maintained their stand that unless the dues of M/s Himalaya Ice Factory are not paid, the connection will not be made available. The respondent No.2 felt aggrieved by the decision of the petitioners and therefore the respondent No.2 filed proceedings before the Maharashtra State Electricity Distribution Company Ltd. Consumer Grievance Redressal Forum, Nagpur Urban Zone, Nagpur (hereinafter referred to as the Consumer Grievance Redressal Forum) being case No. CGRF(NUZ)/46/2012. The said forum entertained the complaint as regards non-furnishing electricity connection to respondent No. 2 and by order dated 7.6.2012, the said proceedings namely grievance application was dismissed.

4. Against the aforesaid order dated 7.6.2012, the respondent No. 2 filed Representation No. 72/2012 before the Electricity Ombudsman, Nagpur. The Electricity Ombudsman, by order dated 30.10.2012, granted relief to the respondent No.2 by passing the following order.

(a) The Representation is partly allowed.

(b) The order of the Forum dated 7.6.2012 in Case No. CGRF(NUZ)/46/2012 is set aside.

(c) It is hereby declared that the liability of the appellant is restricted to a maximum period of six months of the unpaid charges for electricity supplied to the premises of the erstwhile owner/consumer.

(d) The respondent is directed to quantify the said liability and intimate it to the appellant within two weeks from the date of communication of this order.

(e) The respondent shall grant electric connection to the appellant immediately after payment of the amount quantified as above.

(d) No order as to costs.

A reading of the said order would go to show that the petitioners were directed to supply electricity to respondent No.2 and it was clarified that the petitioners would be able to recover from respondent No. 2 the unpaid charges for electricity supply to the premises of the erstwhile owner/consumer by restricting the said charges for a period of six months. This order dated 30.12.2012 is challenged in this petition.

5. I have heard learned advocate of both sides. Learned advocate Mr. Purohit appearing on behalf of the petitioners contended that the original proceedings fil



























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