- (1.) Smt. Tarabai Madhukar Dahake has filed a Complaint on 28 February, 2014 under Sections 142,146 and 149 of the Electricity Act, 2003 for non -compliance of the Order No. CGRF/AMZ/343 dated 16 November, 2013 passed by Consumer Grievance Redressal Forum (CGRF), Akola, in Case No. 86 of 2013.
(2.) The Complainant's prayers are as follows: ...[VERNACULAR TEXT COMITTED]...
(3.) The Complainant, Smt Tarabai Madhukar Dahake, has submitted that, a) She had applied for electricity connection for her agricultural land at G.N. 189 Jamathi, Tal. Murtizapur, Dist. Akola to the Opponent, MSEDCL on 27 February, 2004. b) She had paid an amount of Rs. 6400/ - on 26 June, 2006 against demand note No. 8968 issued by MSEDCL's Sub -divisional office. The test report of the installation was also submitted to the Opponent's office. c) She was not given the agricultural connection even after regular follow up. Further, the MSEDCL collected an additional amount of Rs. 1400/ - on 2 May, 2012 from the Complainant but the agricultural connection was still not released. Hence, the Complainant had filed a Complaint in Case No.37 of 2013 before the Maharashtra Electricity Regulatory Commission. d) In Case No. 37 of 2013 the Commission ruled as under: " Having heard the Complainant and after considering material placed on record, the Commission is of the view that asking the Complainant to invoke the remedial mechanism under the Consumer Redressal Forum mechanism will defeat the ends of justice based on technical consideration as the Complainant will be hit by bar of limitation under Regulation 6.6 which provides for a limitation period of two years MERC Order_ from the date of the cause of action. Hence, the Commission directs MSEDCL to expeditiously release the connection. As regards the claim of compensation of the Complainant....." "......Complainant will need to file her claim for compensation with the Opponent and if the Opponent does not accept the claim then the remedy would be to approach the Consumer Grievance Redressal Forum in accordance with the above provision." e) After the Order in Case No. 37 of 2013, the Complainant filed a Complaint with MSEDCL's Internal Grievance Redressal Cell on 28 June, 2013. MSEDCL released the agricultural connection on 17 July, 2013. The Internal Grievance Redressal Cell has not issued any direction regarding compensation. f) Being aggrieved, the Complainant approached the CGRF, Akola (Complaint No. 86 of 2013). The CGRF, Order dated 16 November, 2013 stated that; "1. The Complaint No. 86 of 2013 filed by the complainant is hereby partly allowed. The complainant is entitled for compensation @ Rs. 100 per week from 01.10.2004 till 17.07.2013 as per MERC ( Standard of Performance of distribution licensee , period for giving supply and determination of compensation) Regulations, 2005 and the said amount be adjusted in the forthcoming electric bills payable by the complainant. 2. The N. A .licensee to recover this monetary liability against it in pursuance to this Order from the concerned officer/staff of the concerned office of the N. A. licensee as per judgment of the Hon'ble Supreme Court in the matter of M.K/Gupta vs. Lukhnow Development Authority/ reported in 1994..........." g) MSEDCL has not complied with the Order of the CGRF. Hence Smt Dahake has submitted a Complaint to the Commission on 28 February, 2014 under Sections 142, 146 and149 of the Electricity Act 2003 for non -compliance of the Order of the CGRF, Akola, in Case No. 86 of 2013. ;