BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI FIRST APPEAL NO.SC/27/A/23/343 (Arisen out of order dated 31/03/2022 passed in Consumer Complaint No.SC/27/CC/16/792 by Consumer Disputes Redressal Forum, Pune) Maharashtra State Electricity Distribution Company Limited through Chief Engineer (O & M), MSEDCL, Pune Zone, Adm. Building, Power House, Rasta Peth, Pune 411 011, Dist – Pune. ........Appellants/

(Original Opponent)

V/s.

Dr.A.G.Ansari Office at – Sr.No.36/11, M.I.D.C Road, Opp.City International School, Morwadi, Pimpri, Pune 411018. Through its Authorise Signatory Kamlesh Dilip Mutha, Near PCMC School, Mohan Nagar, Chinchwad, Pune – 411 019. ........Respondent/

(Original Complainant)

BEFORE:

Justice S.P. Tavade, President Vijay C. Premchandani, Judicial Member For Appellants : Adv.S.S.jinsiwale For Respondent : Adv.Anand Mamidwar

ORDER

(16^th September 2025)

Per: Vijay C. Premchandani, Judicial Member

1. The present appeal is filed by the Appellant (Original Opposite Party) u/s. 15 of Consumer Protection Act, 1986, against the order dtd.31/03/2022 passed by the Hon’ble District Forum, Pune in Consumer Complaint No.792 of 2016

2. Facts of the case :-

The Respondent (Original Complainant) filed Consumer Complaint no.792 of 2016 before Hon’ble District Forum, Pune. In the said complaint it is contended that the Complainant is doctor by profession and running his hospital in the given address. The Complainant is running specialty hospital with the requisite infrastructure required to run the hospital. The Complainant prayed in the complaint that the Complainant has sought the relief that, the Opposite Party be directed to change the category of Complainants electricity supply from Commercial to “Public Services”. The Complainant has also sought the relief that, Opposite Party be directed to refund the amount which comes under the tariff difference between commercial i.e LT-II to “Public Services” and refund the extra energy charged, Demand charges, TOD, Tariff EC, Electricity Duty, Tax on sale and other charges which were required to be benefited by the Complainant if the tariff had been changed by the Opposite Party in August 2012 as per the order of MERC, the exact amount is not given by the Opposite Party when Complainant was asked to provide therefore the Complainant is demanding an amount of Rs.80,000/- along with 18% interest per annum till its realization. A Complainant also claimed for compensation of Rs.5,000/- towards. Physical, economical and mental agony and Rs.5,000/- for the expenses of the complaint.

The present appellant appeared in the Original Consumer Complaint and after hearing both the sides the Hon’ble District Forum, Pune was pleased to allow the Consumer Complaint partly wherein the present Appellant is directed to change the category of the Complainant Electricity Supply from Commercial i.e. LT-II to ‘Public Services” i.e. LT –X category. It is further directed to the present appellant that they shall refund the amount which comes under the tariff difference from commercial to public services to the Complainant with all component in the bill which were issued by the present Appellant as per commercial category by deducting the bill issued under the category of public services along with 9% interest p.a from 1^st August, 2012 till the change in the tariff from LT-II to LT-X and also directed to pay the compensation and cost of litigation.

3. Being aggrieved with the said order the present applicant Original Opposite Party has filed the present appeal on the following grounds-

GROUNDS FOR APPEAL The Appellant contended that the District Forum has no jurisdiction to try and entertain the aforesaid consumer complaint. The Complainant failed to prove that the Original Compliant is within limitation period. The said complaint is time barred as the Provision of section 24-A of Consumer Protection Act, 1986, as the Complainant claimed relief from the refund of amount of Tariff differenc