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2017 Supreme(Bom) 945

INDIRA JAIN
Maharashtra State Electricity Distribution Company Limited, Through the Superintending Engineer (Nodal Officer), Nagpur Urban Circle – Appellant
Versus
Shilpa Steel & Power Limited, through its Director Karan Bagariya – Respondent


Advocates Appeared:
For the Petitioner:Shri S.V. Purohit, Advocate
For the Respondent:Shri A.S. Kilor, Advocate

JUDGMENT :

Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the parties.

2. Challenge in petition is to the order dated 22/01/2016 passed by the learned Electricity Ombudsman/respondent no.2 in Representation No.100/2015 thereby setting aside the order dated 03/07/2015 passed by the Consumer Grievance Redressal Forum, Nagpur.

3. The facts giving rise to the petition may be stated in brief as under :

(i). Respondent no.1 is industrial consumer. On receipt of Electricity Bill dated 04/04/2015 for the month of March, 2015. Respondent no.1 filed a complaint before Internal Grievance Redressal Cell (IGRC) on 24/04/2015. The grievance of respondent no.1 before IGRC was that the factory premises were being billed at commercial tariff since beginning. As per the tariff order dated 12/09/2010, Maharashtra Electricity Regulatory Commission (MERC for short) clarified that the consumer categorization should reflect the main purpose of the consumer premises and the offices of industries cannot be levied with commercial tariff. Respondent no.1 claimed difference between commercial tariff and industrial tariff for the period from January, 2010 to March, 2015
















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