Reliance Communication Limited And ANR. v. Maharashtra State Electricity Distribution Company Limited And ANR.
chamber wp5086-10.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5086 OF 2010 Reliance Communications Ltd. and Anr.
.. Petitioners vs.
Maharashtra State Electricity Distribution Co. and Anr.
.. Respondents Ms.Reshmarani Nathani i/b M/s.Mulla and Mulla and Craigie Blunt and Caroe for the petitioner None for the respondents CORAM : K.K.TATED & N.J.JAMADAR, JJ DATE : MARCH 27, 2019 (IN CHAMBER AT 2.45 P.M.) P.C.:
.
Heard.
This praecipe is moved by the petitioner seeking correction in the order passed on 18.12.2018 as regards the authority to which the petitioners shall approach assailing correctness of order impugned in the petition.
By order dated 18.12.2018 it was directed that the petitioners shall have liberty to file appropriate application for Mohite 1/2
chamber wp5086-10.doc the same cause of action under section 62 read with section 86 of the Electricity Act, 2003 before Maharashtra Electricity Regulatory Commission (MERC) on or before 31.01.2019. It is submitted that the petitioners had accordingly approached MERC. However, the MERC declined to entertain the application of petitioners. It is pointed out that the appropriate authority to consider the grievance in respect of the impugned order is Consumer Grievances Redressal Forum constituted under the Consumer Grievance Redressal Forum and Ombudsman Regulations, 2003.
In view of the above, Clause (ii) of the order dated 18.12.2018 stands modified as under;
"(ii) The Petitioner is granted liberty to file appropriate application for the same cause of action under section 62 before the Consumer Grievances Redressal Forum constituted under the Consumer Grievance Redressal Forum and Ombudsman Regulations, 2003. Time to fie appropriate application is extended till 30.04.2019."
Liberty granted to the petitioners to seek restoration of Electricity Connection, before the said authority. Civil Application bearing (St.) No.9344 of 2019 filed by the petitioners may be decided on its own merits. (N.J.JAMADAR,J.) (K.K. TATED, J.) Mohite 2/2