First Appeal No. 217 of 2010 in Complaint Case No. 44 of 2009. Case: Kirti Agrotech Limited Vs Maharashtra State Electricity Distribution Co. Ltd. and Ors.. Maharashtra State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 217 of 2010 in Complaint Case No. 44 of 2009 |
| Counsel | For Appellant: S.M. Kshirsagar and A.G. Mukhedkar, Advocates and For Respondents: S.N. Tandale, Advocate |
| Judges | S.M. Shembole, Presiding Member (J) and K.B. Gawali, Member |
| Issue | Electricity Act, 2003 - Section 126 |
| Citation | II (2015) CPJ 41 (Maha.), I (2015) CPJ 137 (Maha.) |
| Judgement Date | January 07, 2015 |
| Court | Maharashtra State Consumer Disputes Redressal Commission |
Order:
S.M. Shembole, Presiding Member (J)
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This appeal is directed against the judgment and order dated 25.3.2010 passed by District Consumer Forum, Hingoli dismissing consumer complaint No. 44/2009.
(For the sake of brevity appellant is hereinafter referred as complainant and respondents as opponents)
Brief facts giving rise to this appeal are that:
Complainant Kirti Agrotech Ltd. is a consumer of MSEDCL. Opponents 1 and 2 are the engineers of MSEDCL and opponent No. 3 is the Managing Director of MSEDCL. Opponent No. 4 is also a engineer who is appointed as the head of the flying squad which was formed by MSEDCL. According to complainant it has regularly paid the electricity bills. However, on 17.1.2009 the members of the flying squad of MSEDCL i.e. opponent No. 4 visited the premises of complainant company and by inspecting the electric meter issued a bill of Rs. 15,60,926 alleging that complainant was unauthorisedly using electricity for commercial purpose i.e. for construction though electric connection was obtained for industrial purpose, etc. Thereafter as complainant has not paid the amount of additional bill, opponents disconnected electric supply. Therefore alleging deficiency in service on the part of opponent, complainant has filed consumer complaint claiming declaration that the bill dated 31.1.2009 of Rs. 15,07,926 is illegal and further claimed compensation of Rs. 1 lakh towards mental agony and Rs. 10,000 more towards cost of the proceedings.
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Opponents 1 to 3 by their written version resisted the complaint contending inter alia that consumer complaint is not maintainable. It is further submitted that it has legally issued additional bill of Rs. 15,07,926 on the basis of report of flying squad. But as complainant has not paid the bill amount it has rightly disconnected the electric supply. They have denied all other adverse averments made by the complainant and submitted to dismiss the complaint.
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Opponent No. 4 by its separate written version also resisted the complaint contending inter alia that as complainant was found using electric connection unauthorisedly for commercial purpose i.e. for construction purpose, it has rightly made assessment under Section 126 of Electricity Act and on the basis of assessment opponents 1 and 2 legally issued additional bill. Further it has also challenged the maintainability of the consumer complaint contending inter alia that Consumer Forum has no jurisdiction to entertain the...
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