Maharashtra State Electrictiy Distribution Co. Ltd. v. M/S. Ideal Warehousing Corporation

42-wp.2152-2018.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.2152 OF 2018 Maharashtra State Electricity Distribution Co.Ltd. ..Petitioner Vs M/s Ideal Warehousing Corporation ..Respondents ----- Ms. Prena Gandhi i/b DSK Legal for Petitioner. ------ CORAM : A.S.GADKARI, J.

DATE : 7th October 2019.

P.C.:

1] By the impugned Order dated 14.10.2016 passed by the Consumer Grievance Redressal Forum constituted under section 42(5) of Electricity Act 2003, has held that the Petitioner Company is entitled to raise revised supplementary bill for the difference on account of wrong Multiply Factor for the limited period of two years from March 2012 to February 2014 and the amount recovered as per supplementary bill upto February 2012 should be refunded in the next billing cycle.

2] Full Bench of this Court by its Judgment dated 12.3.2019 in the case of Maharashtra State Electricity Distribution Company Ltd Vs. The Electricity Ombudsman & Anr. (Writ Petition No.10764 of 2011 and other connected 1/2

42-wp.2152-2018.doc petitions) has held that, the Distribution Licensee cannot demand charges for consumption of electricity for a period of more than two years preceding the date of the first demand of such charges.

3] In view of the ratio laid down by the Full Bench of this Court in the case of Maharashtra State Electricity Distribution Company Ltd Vs. The Electricity Ombudsman & Anr.(supra), challenge to the impugned Order herein does not survive and the petition is accordingly disposed off. (A.S.GADKARI, J.) 2/2