- (1.) Aurangabad District Co -operative Milk Producers Union Ltd has filed a complaint on 4 December, 2013 under Sections 142 and 146 of the Electricity Act, 2003 against MSEDCL for non -compliance of the Order passed by the (Consumer Grievance Redressal Forum)CGRF, Aurangabad in Case No. CGRF / AZ / AUR / R / 447 / 2013 dated 9 July, 2013.
(2.) The Complainant's prayers are as follows: " 1) The petition may be admitted. 2) The Respondent may be directed to withdraw the impugned bill of Rs. 15,98,361/ immediately. 3) Penalty of Rs. 1,00,000/ may be imposed on the Respondent for Non compliance of C.G.R.F, Aurangabad. 4) Respondent may be directed to pay Rs. 15,000/ towards cost of filing this petition. 5) Any other relief as deemed fit by Hon' Commission."
(3.) The Complainant has submitted that: (a) Aurangabad District Co -operative Milk Producers Union Ltd. registered under the Cooperative Societies Act, has a milk processing, chilling and milk products manufacturing plant at Village Banshendra, Tal. Kannad, Dist. Aurangabad. It has taken LT connection in the year 2004 from MSEDCL with 100 HP connected load and 80 kVA contract demand at its plant. (b) MSEDCL issued all the bills from the date of connection i.e. from 2004 onwards as per the Industrial tariff and the Complainant has paid all the bills regularly. On 23 May, 2012,a MSEDCL flying squad visited the factory premises at Bhushendra and prepared spot inspection report. During the inspection, all seals provided to the meter and metering box were found intact and nothing abnormal was observed. However, in the inspection report, the concerned MSEDCL officer entered the following remarks: "a) Tariff applied: LT Industrial b) Tariff actually applicable: LT II Commercial " and "Case to be referred to Head Office." (c) These remarks show that the concerned officer was not certain about the tariff required to be applied to milk processing and milk product manufacturing plants. (d) On 9 April, 2013, an assessment bill of Rs.15, 98,361/ - issued on the basis of Flying Squad letter No. DyEE/ FSA'Abad(R)/150 dated 4 July, 2012 was received. The Period of assessment was shown as 47 months and no date was mentioned on the said Assessment bill. (e) On receipt of this bill, the Complainant immediately submitted a representation on 17 April, 2013 to the Assistant Engineer, Kannad Sub - Division, Superintending Engineer, Rural Circle and Chief Engineer, Aurangabad Zone and requested them to withdraw the incorrect bill issued on the basis of wrong tariff category and that too after 12 months after the inspection. The Complainant did not receive any reply from any of the MSEDCL authorities and approached the CGRF, Aurangabad on 11 June, 2013. (f) The Complainant brought to the notice of CGRF that milk processing and chilling plants and milk product manufacturing activities are categorized as 'Industrial' and the applicable tariff is required to be Industrial. It also brought to the notice of the CGRF that MSEDCL has issued arrears bill for 47 months, which is against the provisions of Section 56 of the Electricity Act, 2003. (g) CGRF, Aurangabad passed an Order dated 9 July, 2013 which read as under; " a) The Grievance of the Complainant is hereby allowed. b) The disputed bill of arrears issued for sum of Rs. 15,98,361 issued on 4/7/12 is hereby set aside. c) The Respondent shall refer the matter to HO as suggested by the Flying squad, and then shall proceed to issue the bill as recommended by the HO regarding application of appropriate tariff. d) In case the complainant is aggrieved by the tariff as suggested by the HO and the bill of arrears on the basis of such recommended tariff, then the complainant is at liberty to file separate petition for redressal of grievance either before Forum or in other Forum of competent jurisdiction. e) The Respondent shall pay the sum of Rs. One thousand to the complainant towards the cost of this Petition." (h) In spite of the CGRF Order, MSEDCL has not withdrawn the impugned bill of Rs. 15,98,361/ - and has continued to add, the amount, along with interest, in all the subsequent bills. This amounts to non -compliance of directions of CGRF, Aurangabad's Order and penalty should be imposed on MSEDCL as per Section 142 and 146 of the Electricity Act, 2003.In addition ,MSEDCL should be directed to pay Rs 15,000/ -towards compensation. ;