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SHARMILA U. DESHMUKH
Maharashtra State Electricity – Appellant
Versus
Jindal Polyfilms Ltd – Respondent
JUDGMENT :
Sharmila U. Deshmukh, J.
1. Rule. Rule made returnable forthwith and taken up for final hearing with the consent of the parties.
2. These group of petitions arises out of orders passed by the Consumer Grievance Redressal Forum (CGRF) in individual complaints. As common issues arises, with consent of the learned counsel for the parties, the petitions were taken up for hearing together and are being disposed of by this common judgment. By consent Writ Petition No.7152 of 2019 is taken as lead Petition and the facts of the said Petition are referred in the judgment.
FACTUAL MATRIX:
3. As various orders passed by the Maharashtra Electricity Regulatory Commission (MERC) form the background of the present controversy in as much as the applications made to the Consumer Grievance Redressal Forum (CGRF) alleged non-compliances by the petitioners-herein i.e. Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) of the orders of MERC, for ease of reference the orders of MERC as discerned from the record are set out in tabular form as under:
| 3rd September, 2013 | MERC in Case No.28 of 2013 filed by Maharashtra State Power Generation Company Limited (MSPGCL) seeking impl |
MSEDCL's recovery of excess AEC and FAC charges violated MERC orders, necessitating refunds with interest under the Electricity Act.
The court established that the Consumer Grievance Redressal Forum (CGRF) had jurisdiction to adjudicate individual billing grievances, rejecting the argument that such disputes should be referred to ....
The Consumer Grievance Redressal Forum lacks jurisdiction to direct revisions of energy bills and grant subsidies, which fall under the authority of the Government of Maharashtra.
The Consumer Grievance Redressal Forum lacks jurisdiction to revise energy bills or grant subsidies, which are matters for the Government of Maharashtra.
The Consumer Grievances Redressal Forum lacks jurisdiction to entertain complaints related to theft of energy under the Electricity Act, which are to be addressed by specific statutory forums.
The court established that an electricity company can issue revised bills for bona fide mistakes in billing, reinforcing the consumer's obligation to pay based on accurate meter readings.
Electricity – Regulation 6.6 of the Regulations, 2006 for admitting grievance of a consumer is directory.
The court emphasized that the circulars were issued to encourage consumption of electricity during lean hours and not to confer benefits retrospectively, and that the circular could not be made effec....
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