- (1.) M/s Neel Sidhi Developers (NSD), Sector 12, Vashi, Navi Mumbai has filed a Petition dated 14 August, 2014 against the Maharashtra State Electricity Distribution Co. Ltd. (MSEDCL) under Sections 142 and 146 of the Electricity Act (EA), 2003 for non -compliance of Order dated 24 July, 2014 in Case No. 539 of 2014 passed by the Consumer Grievance Redressal Forum (CGRF), Ratnagiri Zone. The Petitioner's prayers are follows:
(2.) "a. The Respondents may kindly be punished as per the provisions of Sections 142 and 146 of Electricity Act, 2003 and they may be sentenced to imprisonment for the period of three months, and be directed to pay the fine of Rs. 1,00,000/ - for non - compliance of the Order dated 24.07.2014 passed by Hon'ble Consumer Grievance Redressal Forum. b. The Respondents may kindly be directed to pay fine of Rs. 6,000/ - for every day during which the failure continues after passing of the order by this Hon'ble Commission till they actually comply with the Order dated 24.07.2014 passed by Hon'ble Consumer Grievance Redressal Forum. c. The Respondents may kindly be directed to release power supply of 1.26 MVA from 10 MVA transformers at Kalmboli sub -station for the said project Amarante with immediate effect. d. The Respondents may kindly be directed to refund an amount of Rs. 5, 64, 48,000/ - to the Petitioners immediately. e. The Respondents may kindly be directed to pay 13% interest per annum on the principle amount from the date of deposit till its realization to the Petitioners. f. The Respondents may kindly be directed to provide the balance power supply for Amrante complex within a specified time period which this Hon'ble Commission deems fit, considering the fact that the time period stipulated in the Maharashtra Electricity Regulatory Commission (Electricity Supply Code and Other Conditions of Supply) Regulations, 2005 and the time period agreed by the Respondents in the Consent Minutes of Order dated 05.05.2014 both have already lapsed."
(3.) The facts as stated in the Petition are as below: - 3.1. NSD is the developer of Amarante Project being constructed at Kalamboli, Navi Mumbai. The Project is being constructed in two phases on a plot leased by CIDCO. NSD submitted a plan to MSEDCL for location of a sub -station location for supply of 4803.5 kW power on 17 December, 2009. MSEDCL approved the plan on 2 January, 2010. Vide letter dated 30 July, 2012, NSD applied for release of connection with total load of 4727 kW, comprising 2251 kW load required immediately for phase I and for availing the remaining 2475.5 kW after 18 months. 3.2. 15 months after the application, MSEDCL conditionally sanctioned the proposal vide letter dated 14 October, 2013. MSEDCL vide letter dated 14 October, 2013 and asked NSD to pay Rs.5,64,48,000/ - as augmentation charges for the Kalamboli Housing Sub -Station and Rs. 2,16,400/ - as supervision charges. NSD requested MSEDCL to revise the sanctioned estimate so that supply can be expedited. In reply, MSEDCL informed it to pay the total amount of augmentation charges. NSD filed a Complaint on 15 January, 2014 before the Internal Grivance Redressal Cell (IGRC). IGRC rejected the Complaint vide Order dated 14 March, 2014. Being aggrieved by the IGRC Order, NSD filed a complaint on 17 April, 2014 before the CGRF, Bhandup Zone as Case No. 539 of 2014. 3.3. In the meantime, Shri. Dharmesh Toprani and others, being some of the flat purchasers in the project Amarante, filed a Writ Petition, WP No. 4304 of 2014 before the Bombay High Court against NSD and MSEDCL. All the parties entered into consent terms on 5 May, 2014 under which NSD agreed to deposit the augmentation charges and supervision charges sought by MSEDCL. Without prejudice to their rights and contentions in the matter pending before the CGRF, the High Court disposed of the matter in terms of the consent minutes. 3.4. After spot inspection of 100 kV Taloja EHV S/Stn, Kalamboli Housing S/Stn and electrical installation carried out by NSD, CGRF passed an Order on 27 July, 2014 rejecting all contentions of MSEDCL. The operative para of CGRF Order is as follows: " Part 'A' and 'B' of approval/sanction letter dated 14/10/2013 is 1) hereby setside and struckdown. 2) Respondent/MSEDCL is hereby directed to refund amount of Rs 5,64,48,000/ - to the complainant. 3) Respondent/ utility is hereby directed to pay 13% interest per annum on the principle amount from the date of deposit till it's realization. 4) Respondent/MSEDCL is hereby directed to release supply of 1.26 MVA from 10 MVA transformers at Kalamboli Sub -Station to the flat purchasers with immediate effect. 5) This supply will continue to Phase -I at Plot No.4 Sector 9 E Kalamboli i.e. the plot developed by the complainant till the work of augmentation is completed or the functioning of Sub -station 22/11 kV under taken at Sector -20 Roadpali by the Respondent. 6) After completion of work at Sr.No.5, the connection for full load to phase ­I and Phase -II be switched over for regular permanent supply. 7) Complainant may not handover possession to the remaining flat purchasers from Phase -I till the completion of work under taken by Respondent as mentioned in Order No.5." 3.5. NSD requested MSEDCL to comply with CGRF Order. Further, as per the consent minutes of the High Court Order, MSEDCL had agreed to complete the work of augmentation as early as possible and release 4751 kW power to the Project within three months, i.e. by 4 August, 2014. NSD requested MSEDCL to inform the status of augmentation and confirm that power supply would be provided on or before 4 August, 2014. However MSEDCL has not released the power supply of 1.26 MVA from 10 MVA transformers at Kalamboli S/Stn to flat purchasers, and has also not refunded Rs 5,64,48,000/ - with interest as per the CGRF Order. ;