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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J.
Maharashtra State Electricity Distribution Company Ltd - Petitioner
Versus
Vashi Fantasia Business Park Premises Co-operative Society Ltd. - Respondent
Writ Petition No. 15025 of 2022
Decided On : 08-11-2023
Electricity Distribution Company - Consumer Dispute - Commercial Circular No.110, Regulation No. 2.2.5 - The court discussed the application of Commercial Circular No.110 and Regulation No. 2.2.5 in the context of providing multiple LT connections for air conditioning systems in a commercial complex. The court found that the Commercial Circular aimed to prevent misuse of multiple connections and increase revenue, but the main objective was to prevent defaulting payment and unauthorized use of electricity. The court also interpreted Regulation No. 2.2.5 to apply to individual premises, not common facilities in housing societies or commercial complexes. The court dismissed the petition and clarified that the judgment is specific to the unique facts of the case.
Fact of the Case:
The case involved a dispute between an Electricity Distribution Company and a group of office owners in a commercial complex over the provision of multiple LT connections for air conditioning systems. The office owners sought 24 separate connections, while the company insisted on a single HT connection.
Finding of the Court:
The court found that the Commercial Circular aimed to prevent misuse of multiple connections and increase revenue, but the main objective was to prevent defaulting payment and unauthorized use of electricity. The court also interpreted Regulation No. 2.2.5 to apply to individual premises, not common facilities in housing societies or commercial complexes. The court dismissed the petition and clarified that the judgment is specific to the unique facts of the case.
Issues: The main issue was whether the office owners were entitled to 24 separate LT connections for air conditioning systems, and the applicability of Commercial Circular No.110 and Regulation No. 2.2.5 in the context of providing multiple LT connections for air conditioning systems in a commercial complex.
Ratio Decidendi: The court held that the Commercial Circular aimed to prevent misuse of multiple connections and increase revenue, but the main objective was to prevent defaulting payment and unauthorized use of electricity. The court also interpreted Regulation No. 2.2.5 to apply to individual premises, not common facilities in housing societies or commercial complexes.
Final Decision: The court dismissed the petition and clarified that the judgment is specific to the unique facts of the case.
JUDGMENT :
1. The case presents a unique conundrum - whether consumer, or a group of consumers can be forced by an Electricity Distribution Company to opt for High Tension (HT) connection against their desire to have multiple Low Tension (LT) connections ? The question arises on account of refusal by Petitioning Company to provide 24 LT connections to group of office owners in a commercial complex for operation of Variable Refrigerant Flow (VRF) Group Air Conditioning Systems and its insistence that the Society formed by the office owners must operate the VRF or Centralized AC system (along with other common facilities) by opting for a single HT connection/meter. The Petitioning company insists that office owners in ‘Vashi Fantasia Business Park’ must subscribe to single H.T. connection of 480kW/240kW for operating the common Air Conditioning System in the offices located in the building. The office owners, on the other hand, have clubbed themselves together into 24 groups and have applied for 24 separate connections of 24 kW each for operating Air Conditioning system in their respective offices.
2. The issue arises on account of challenge set up by Petitioning Company to Orders passed by the Consumer Grievance Redressal Forum (CGRF) on 3 January 2022 in Case No.42/2021-22 and 29 July 2022 in Review Case No.183/2021-22.
3. The dispute essentially arises on account of the manner in which the building is constructed by the Developer, which initially envisaged operation of a Centralised Air Conditioning System without leaving any space for keeping individual outdoor compressor units. The Petitioning-Company sanctioned 40 meters/ connections to the building for operation of the Air Conditioning system, which according to it, was a mistake and that only a single H.T. connection ought to have been provided for operation of Centralised Air Conditioning system. On account of non-payment of electricity charges in respect of those 40 meters by the Developer, the said 40 meters/connections were permanently disconnected.
4. Faced with the situation of disconnection of electricity for operation of Centralised Air Conditioning System, the office owners installed individual Air Conditioners by placing Air Conditioning Compressor Units in the corridors of the building. The Fire Officer of the Navi Mumbai Municipal Corporation issued Notice directing removal of A.C. Compressor units kept in the corridors of the building. The Petitioning Company was also directed to ensure removal of A.C. Compressor Units from the corridors of the building.
5. The office owners thus faced a situation where the Centralised Air Conditioning System is in operational and there is no space in the building to keep outdoor A.C. Compressor Units. They came together and formed 24 groups to install VRF Group A.C. Systems. The VRF System allows multiple indoor units to run on the same system through common compressor. In the present case, common compressors are proposed to be installed on the terrace of the building in order to solve the problem of fire hazard caused due to placement of outdoor A.C. compressor units in the corridors of the building. The office owners accordingly made an application to the Petitioning Company for seeking 24 connections for supply to VRF group Air Conditioning Systems on 28 December 2020. The Sub-Divisional Office of the Petitioner replied vide letter dated 25 January 2021 advising the office owners to go for single HT connection as the load was crossing 150 kW stating that a single connection can be used for all amenities like light, waterpump, staircases, etc. Aggrieved by the Petitioner’s refusal to provide 24 connections, Respondent-Society approached Consumer Grievance Redressal Forum (CGRF), MSEDCL Division by filing Case No.42/2021-22. Petitioner appeared before the CGRF and filed its reply. The CGRF passed order dated 3 January 2022
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