Maharashtra State Electricity Distribution Company Limited v. Aishwaryam Co-Operative Housing Ltd. And ANR.

ssm 60-wp9000.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO. 9000 OF 2010 Maharashtra State Electricity Distribution Company Ltd.

... Petitioner Vs.

Aishwaryam Co-operative Housing Ltd. & Anr.

... Respondents Smt. Prerna Gandhi i/by DSK Legal for Petitioner. None for the Respondents.

CORAM : A. S. GADKARI, J.

DATE : 18th OCTOBER, 2019.

P.C.:- By the impugned Order dated 16th January, 2015, passed by the Consumer Grievance Redressal Forum, M.S.E.D.C.L. Pune, constituted under section 42(5) of Electricity Act 2003, has directed the Licensee to issue revised bill making it limited only for the period of 2 years, from June 2013 to June 2015 excluding Delayed Payment Charges (DPC) and interest.

The Full Bench of this Court in the case of Maharashtra State Electricity Distribution Company Ltd. Vs. The Electricity Ombudsman & Anr. (Writ Petition No.10764 of 2011 and other connected Petitions) in its Judgment dated 12th March, 2019 has held that, the Distribution Licensee cannot demand charges for consumption of 1/3

ssm 60-wp9000.16.doc electricity for a period of more than two years preceding the date of the first demand of such charges.

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 does not survive and the Petition is accordingly disposed off.

(A. S. GADKARI, J.) 2/3