Maharashtra State Electricity Distribution Company Limited. v. Meera Enterprises,

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4351 OF 2024 Maharashtra State Electricity Distribution Company Limited

...Petitioner

Versus

Meera Enterprises

...Respondent

Mr. Dheer Sampat, i/b M.V. Kini & Co., for the Petitioner. Appearance not received for Respondent.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : March 10, 2026 ORDER :

1.

This Petition impugns an order dated July 26, 2023 ("Impugned Order") passed by the Consumer Grievance Redressal Forum, Bhandup ("CGRF") constituted under the Electricity Act, 2003 ("the Act") in connection with distribution services of the Petitioner, Maharashtra State Electricity Distribution Company Limited ("MSEDCL").

2.

On a perusal of the Impugned Order, it is apparent that the Respondent has been a residential user of electricity since July 22, 2016 Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2026.03.16 11:45:55 +0530 ASHWINI JANARDAN VALLAKATI and a site inspection conducted in May 2023 revealed under-recording of electricity consumption by 33%. This led to the raising of a bill for an

81-month period, namely, September 2016 to May 2023 for a sum of over Rs.8,31,710/-.

3.

The Impugned Order acknowledges that there is no defect in the meter and that there has been an under-reporting of the electricity consumption by 33% owing to a potential tampering of the meter, with a screw being found to have been loosened. Invoking Section 56(2) of the Act, the CGRF has essentially ruled that the recovery may be restricted to the preceding 24 months and has truncated the electricity bill for the prior period.

4.

Prima facie, the facts of this case would be squarely covered by the judgment of a Learned Single Judge of this Court in Writ Petition No.1731 of 2011 by an order dated January 14, 2026. In identical circumstances, the truncation of the charge to the preceding two years has been quashed and set aside.

5.

An affidavit of service dated December 5, 2025 is taken on record. Despite service, none appears for the Respondent. On the face of it, the facts of this case appear to be squarely covered by the decision in Writ Petition No.1731 of 2011.

6.

Purely as a last chance to enable the Respondent to present its say, stand over to April 2, 2026. The Petitioner is directed to serve a copy of this order and issue notice of the hearing scheduled for April 2, 2026 and file a service affidavit to that effect. The Registry to also issue notice, returnable on April 2, 2026.

7.

Learned Advocate for the Petitioner also submits that in compliance with the Impugned Order, the amount truncated for the preceding two years has been paid by the Respondent. 8.

Stand over to April 2, 2026.

9.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.]