- (1.) M/s Sneha R Chavan Industries (through its proprietor Sneha R Chavan) has submitted a Petition on 3 April, 2014 under Regulation 4(1) of MERC (Procedure for filing appeal before the Appellate Authority) Regulations, 2004 to set aside the summary rejection letter of Respondent No. 1.
(2.) The Petitioner in its Petition has made following Prayers: "a. Summary rejection letter of Respondent no. 1 Superintending Engineer The appellate authority PWD, dt. 3rd Feb 14 may be set aside. b. Admit the Appeal and dispose off the Appeal under sec 127 of E A 2003, in accordance with law by Respondent no. 1. c. Disciplinary action may be taken on Respondent no. 2, the Dy. Ex. Er. MSEDCL vasai (East) Sub D/n. for delivering the letter of Order after 14 days of date of order. and harassing to consumer by not giving letter of date of service proof, in spite of vigorous follow up demand of information under RTI etc. d. The cost of the Petition to the petitioner."
(3.) The Petitioner in its Petition has submitted as under: 3.1. The Petitioner is consumer of MSEDCL, Vasai. Present Petition is filed against letter of Appellate Authority (Superintending Engineer, PWD) rejecting appeal filed under Section 127 of the Electricity Act , 2003 (EA, 2003) on the ground that Appeal is filed after 30 days from date of assessment order issued under Section 126 of the EA 2003. 3.2. The Assessing Officer concluded the case under Section 126 of the EA, 2003 against the Petitioner and prepared the final Assessment Order letter on 21 December, 2013. The Petitioner received the said letter on 4 January, 2014. 3.3. As required under Section 127 of the EA, 2003, the Petitioner paid 50% of final assessment amount to MSEDCL on 8 January, 2014 as pre -requisite for filing appeal before Appellate Authority under Section 127 of the EA, 2003. 3.4. On 24 January, 2014, fee for filing Appeal was paid and the Appeal in prescribed Forms along with its enclosures was submitted to the office of Appellate Authority on 27 January, 2014. 3.5. The Petitioner submitted that on 3 February, 2014, the Appellate Authority rejected the Appeal with following reasons: "With reference to above as the appeal under the reference was not submitted within thirty days from the date of final Assessment Order as per the procedure laid under section 127(1) of Electricity Act 2003 to this Appellate Authority, your appeal is summarily rejected." 3.6. The Petitioner submitted that Hon'ble Nagpur Bench of Bombay High Court in its Judgment issued in WP No. 5482 of 2009 held that period of limitation must commence from the date on which the party gains knowledge of Order, which is evident from its acknowledging receipt of the Order. 3.7. In present matter, proof of receipt of letter of the final assessment Order of MSEDCL is 4 January, 2014 and Appeal was filed on 27 January 2014 i.e. within 30 days. 3.8. The Petitioner submitted that the present Petition is not against the Order of Appellate Authority vide Section 127 (4) of the EA, 2003, but it is against summary rejection letter of admission of Appeal by Appellate Authority under Section 127 of the EA, 2003 and MERC (Procedure for filing appeal before the Appellate Authority) Regulations, 2004. 3.9. In its Rejoinder dated 27 May, 2014 the Petitioner submitted that MSEDCL, Vasai is delaying serving of copy of final assessment to consumer which leads to delay in filing Appeal by consumers and Appeal are being rejected on the ground of time barred. ;