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2023 Supreme(Bom) 1452

SANDEEP V. MARNE
Maharashtra State Electricity Distribution Company Ltd – Appellant
Versus
Vashi Fantasia Business Park Premises Co-operative Society Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Rahul Sinha a/w. Mr. Soham Bhalerao, i/by DSK Legal.
For the Respondents: Mr. G.S. Hegde, Senior Counsel i/by. Ms. Tanisha K.

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 r

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