M/s.Maddi Lakshmaiah & Co. Ltd v. Maharashtra State Electricity Distribution Co. Ltd
Case at a glance
Outcome
Allowed
Writ petition is allowed in the aforesaid terms
Provisions considered
- Constitution of India art. 226
- Electricity Act, 2003 ss. 42(5), 126(3)
Key paragraphs
- Para 1010. It is made clear that this Court has not expressed any views on the merit of the matter. All contentions of both the parties are kept KVM 501 - WP 54 OF 2022.doc open. Writ petition is allowed in the aforesaid terms. Rule is…
- Para 1212. In view of the order passed by this Court in this writ petition, Interim Application No. 29 of 2022 would not survive and is accordingly disposed of. No order as to costs. [S.M.MODAK, J.] [R.D.DHANUKA, J.]
Judgment
Ms.Ankita Singhania, a/w. Mr.Aryanam Saxena, i/b. Aditya Pratap & Associates for the Applicant/Petitioner. Mr.Rahul Sinha for the Respondent – MSEDCL. CORAM: R. D. DHANUKA AND S.M.MODAK, JJ. DATE : 5th JANUARY, 2022 (Through Video Conference) P.C:- Writ Petition No. 54 of 2022 not on board. Taken on board.
Rule. Learned counsel waives service for the respondents. By consent of parties, writ petition is heard finally.
By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned the disconnection notice dated 20th KVM 501 - WP 54 OF 2022.doc December, 2021 and the supplementary bill dated 26th November, 2021 issued by the Superintending Engineer, Vashi Circle of the Maharashtra State Electricity Distribution Company Limited on various grounds.
Ms.Singhania, learned counsel for the petitioner relied upon section 126 (3) of the Electricity Act, 2003 read with Regulation 10.2 of the Maharashtra Electricity Regulatory Commission Electricity (Supply Code and Standards of Performance of Distribution Licensees including Power Quality) Regulations, 2021 in support of the submission that before issuing the supplementary bill and also the disconnection notice dated 20th December, 2021, the respondent has not complied with the mandatory procedure prescribed under above referred provisions and has straight way issued notice of disconnection in violation of the principles of natural justice.
Learned counsel for the petitioner states that the respondent has already started issuing revised bill in respect of the HT Consumer No. 000149026660 on the basis of the change of user from industrial to commercial after the date of the inspection taken on 18th August, 2021. The petitioner has been paying the said bill according to the revised KVM rate on the basis of the change of user. 501 - WP 54 OF 2022.doc
Learned counsel for the respondent on the other hand submits that the mechanism is provided under section 42(5) of the Electricity Act, 2003. A forum is already constituted for redressal of grievance of the consumer in accordance with law specified by the State Government. He submits that such forum viz. Consumer Grievance Redressal Forum is in place. The petitioner is entitled to seek redressal in respect of the supplementary bill issued to the petitioner before such forum under section 42(5) of the Electricity Act, 2003 read with Maharashtra Electricity Regulatory Commission (Consumer Grievance Redressal Forum & Electricity Ombudsman) Regulations, 2020. Statement is accepted.
In view of the statement made by the learned counsel for the respondent, we permit the petitioner to raise an objection to the supplementary bill within two weeks from today and to apply for redressal of the grievance arising out of the said supplementary bill before the said forum. The forum shall decide the grievance that would be made by the petitioner within the time prescribed under the said KVM 501 - WP 54 OF 2022.doc regulation and shall pass an order after complying with the principles of natural justice. The petitioner would be at liberty to produce the documents in support of the case of the petitioner before the grievance forum. The order that would be passed by the said forum shall be communicated to the petitioner within one week from the date of passing such order.
If the order that would be passed by the forum is adverse against the petitioner, no coercive steps including the steps of disconnection of the electricity supply of the petitioner shall be taken within two weeks from the date of communication of the said order.
In view of the order aforesaid, the impugned notice of disconnection of electricity issued on 20th December, 2021 shall stand stayed till the grievance that would be made by the petitioner before the forum is decided and for a period of two weeks from the date of communication of the order, if the same is adverse against the petitioner.
Operative part
It is made clear that this Court has not expressed any views on the merit of the matter. All contentions of both the parties are kept KVM 501 - WP 54 OF 2022.doc open. Writ petition is allowed in the aforesaid terms. Rule is made absolute. No order as to costs.
The parties to act on the authenticated copy of this order.
In view of the order passed by this Court in this writ petition, Interim Application No. 29 of 2022 would not survive and is accordingly disposed of. No order as to costs. [S.M.MODAK, J.]
[R.D.DHANUKA, J.]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ petition is allowed in the aforesaid terms
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Electricity Act, 2003 — ss. 42(5), 126(3).
Which court decided this case, and when?
Bombay High Court, on 05 Jan 2022. The bench was DHANUKA, S M MODAK.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.