- (1.) M/s Sumer Kendra Premises Co -op. Society Ltd (SKPCS), Worli, Mumbai has filed a Complaint on 3 January, 2014 under Sections 142, 146 and 149 of the Electricity Act (EA), 2003 against the Bruhanmumbai Electric Supply & Transport Undertaking (BEST) for non -compliance of the Electricity Ombudsman, Mumbai's Order dated 11 September, 2013.
(2.) The Complainant's Prayers are as follows: a) "This Hon'ble Commission be pleased to direct the Opponent to comply with the order of the Hon'ble Electricity Ombudsman dated 11th September 2013. b) This Hon'ble Commission be pleased to pass orders in terms of Sections 142, 146 and 149 of the Electricity Act, 2003 penalizing the Opponent for failure to comply with the Order dated 11th September 2013 passed by the Electricity Ombudsman; c) This Hon'ble Commission be pleased to not grant any further extension the Opponent to comply with the Order dated 11th September 2013 passed by the Electricity Ombudsman; d) This Hon'ble Commission is pleased to direct the Opponent to return, install and reconnect the meter no. P084531 to the complainant presently in the custody of the Opponent; e) This Hon'ble Commission initiates action against guilty officers of the Opponent under Sections 142, 146 and 149 of the Electricity Act, 2003. f) Cost for the present complaint; g) Any other appropriate relief as this Hon'ble Commission may deem fit in the interest of justice. "
(3.) The Complaint states that: 1) SKPCS filed a Representation No. 50 of 2013 before the Electricity Ombudsman, Mumbai under Regulation 17 of the MERC (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2006 challenging the Order of the Consumer Grievance Redressal Forum (CGRF) dated 25 October, 2012. Vide Order dated 11 September, 2013 the Ombudsman set aside the CGRF Order. 2) The Ombudsman has held that past arrears for the period exceeding two years preceding the date of demand/supplementary bill are not recoverable by invoking the provisions of S. 56 (1) and (2) of EA, 2003. BEST is empowered to recover past arrears for a limited period of two years preceding the demand made, and for that purpose cut off supply of electricity by invoking those provisions. However, for recovery of the charges of electricity supplied beyond the past 2 years, the BEST is not entitled to cut off the supply of electricity, for which it may seek remedy by way of a civil suit before the appropriate court of law. 3) The Ombudsman accordingly directed BEST to revise the bill of May, 2004 (for recovery of past energy charges) and September, 2005 (for recovery of past fixed charges) limited to two years prior to their dates. The Ombudsman further directed BEST to divide the consumption of 5657 units uniformly over the period from January, 2001 to May, 2004, and raise the revised bill for the two year period from June, 2002 to May, 2004. As regards the recovery of past fixed charges, BEST was to revise the bill of September, 2005 so as to recover such charges only for the preceding two years, i.e. from October, 2003 to September, 2005. Excess amounts recovered, if any, were to be refunded to SKPCS with interest. 4) The Ombudsman directed that BEST intimate compliance of the Order within 30 days. However, vide letter dated 21 October, 2013, BEST stated needed another month's time to initiate necessary action in respect of the Ombudsman's Order. In its letter dated 18 November, 2013 to the Ombudsman, SKPCS objected to the extension sought. 5) The Ombudsman has not granted BEST further time to comply with its Order. Moreover, BEST has not made any attempt to comply with the Order even after a further month. BEST has neither revised the bills nor refunded the amount of Rs. 6,50,055/ -, along with interest, due to the Complainant after deduction of the payments made. 6) Moreover, since BEST had taken away the Meter No. P084531 without disclosing the reading or giving any written notice, SKPCS is compelled to use the fire -fighting meter which attracts a much higher per -Unit charge. ;