- (1.) Shri Hitesh Mukundrai Dani has filed a complaint on 17 July, 2013 under Sections 142 and 146 of the Electricity Act (EA), 2003 against Maharashtra State Electricity Distribution Co. Ltd (MSEDCL) for non -compliance of Order dated 8 April, 2013 passed by the Consumer Grievance Redressal Forum (CGRF), Bhandup Urban Zone.
(2.) The Complainant's Prayers are as follows: " a) The Respondent may kindly be punished as per the provision of section 142, 146 of I.E. Act,2013 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 an order dated 8th April, 2013 passed by Hon'ble CGRF, b) The Respondent may kindly be directed to pay fine of Rs.6,000/ - per day after the passing of the order by this Hon'ble forum till they actually comply with the order dated 8th April, 2013 passed by Hon'ble CGRF, c) For any other relief, "
(3.) The Complainant Shri Dani has submitted that: a) He is the owner of an industrial gala at Jamnadas Industrial Estate, Dr. R. P. Road, Opp. Jawahar Talkies, Mulund (W), Mumbai -400080. MSEDCL has provided electricity connection to these premises bearing consumer No.600000822628. b) A fire occurred at his premises on 10 June,2008 and the energy meter was damaged. On 11 June, 2008, he reported the incident to MSEDCL and requested it to change the energy meter. The next day, MSEDCL officials visited the premises for verification and prepared a spot inspection report, and also issued a receipt for the amount paid by the Complainant towards the change of meter. c) During a second visit on 14 June, 2008, MSEDCL officials suspected theft of electricity in the Complainant's premises. The energy meter was seized. While checking the meter, it was found that the meter nameplate had been changed. Subsequently, a First Information Report (FIR) was lodged at the Special Police Station, Kalyan by MSEDCL under Sections 135 and 138 of the EA, 2003. d) During the trial before the Session Court, Bombay he has deposited Rs.6 lakh with MSEDCL out of the total assessment of Rs.11,88,825/ -. e) The Session Court, vide judgment dated 23 December, 2011 acquitted the Complainant of the offences punishable under Sections 135 and 138, and cancelled the bail bond furnished by him. f) After acquittal, the Complainant approached CGRF, Bhandup seeking direction to MSEDCL to refund the sum of Rs 6 lakh which was deposited by him during the trial before Session Court. CGRF, Bhandup, vide Order dated 8 April, 2013, directed MSEDCL to cancel the bill of Rs 11,88,825/ - raised by it and refund the deposited amount of Rs.6 lakh along with interest at the RBI interest rate. g) The Complainant asked MSEDCL to comply with the CGRF Order vide letter dated 18 June, 2013 and reminder dated 26 June, 2013. Since MSEDCL has not complied even after these letters, he seeks that MSEDCL be penalised for willfully not complying with the CGRF Order in accordance with Sections 142 and Section 146 of the EA, 2003. ;