State Consumer Disputes Redressal Commission
The Maharashtra State Electricity ... vs M/S Inzal Rice Mill & Smt Sarladevi ... on 2 February, 2009
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, NAGPUR CIRCUIT BENCH, NAGPUR. A. Nos.: 1642 & 1643 of 2001 Filed on : 29.10.2001 (In C.C.No. 277/2000 of D. F. Bhandara) Order Dt. : 02.02.2009 The Maharashtra State Electricity Board Through its Executive Engineer Division Gondia, Tah. Gondia Dist. Gondia .. Appellant / Org. O.p. Vs. (In Appeal No.1642/2001) M/s Inzal Rice Mill Bopabodiwala, Sarafa Line Through its Proprietor Shri D K Agrawal R/o Gondia ,Tah & Dist. Gondia .. Respondent / Org. Complainant (In Appeal No.1643/2001) Smt Sarladevi Deepak Agrawal Through Power of Attorney Holder Shri Ramesh Shriram Agrawal Prop. Shyambaba Rice Mill R/o Hirdamali, Tah. Goregaon Dist. Gondia. .. Respondent / Org. Complainant Coram : Mr P N Kashalkar, Honble Presiding Judicial Member Mrs S G Nagarale, Honble Member Presence : Adv. Smt S C Deo for Appellant Adv. Mr U N Andhare for both Respondents Per Honble Presiding Judicial Member Mr. P. N. Kashalkar ORDER
(Passed on 02.02.2009 ) These appeals are filed by the Maharashtra State Electricity Board, Gondia. Both these appeals are touching the same points involved therein, therefore, both these appeals are being heard together and a common judgment is being passed.
1. M/s Kinzal Rice Mill, who had filed the Consumer Complaint No.277/2000 before District Consumer Forum, Bhandara against the MSEB, alleging deficiency in service and Unfair Trade Practice. According to complainant it is running a Rice Mill and is having a connected load of 67 HP and is covered in tariff of LTP-G Tariff as decided by Maharashtra Electricity Regulatory Commission.
2. It was the contention of complainant that Maharashtra Electricity Regulatory Commission in its order dtd.14.02.2001 held that MSEB also must not force MD based tariff on the LTPG consumers but treat it as optional as provided for the original tariff order date .5.5.2000
3. Relying on this observation of Maharashtra Electricity Regulatory Commission, the complainant had approached the District Consumer Forum for filing the complaint and taken strong exception to the wrong tariff being used by MSEB in issuing electricity bills to M/s Kinzal Rice Mill.
4. The Forum below after considering the documents, affidavits filed by the parties on record, was pleased to allow the complaint by the impugned order dtd.09.10.2001 and directed MSEB not to issue bills to the complainant based on MD Tariff and to issue bills according to LTPG tariff only.
5. In like manner, Smt Sarladevi D Agrawal had also filed similar type of complaint bearing No.295/200 before the District Consumer Forum, Bhandara on behalf of Shyambaba Rice Mill, taking exception to the MD bills being issued to the said Rice Mill, when they had not given an option for MD tariff rates. They also relied on the order of Maharashtra Electricity Regulatory Commission, cited supra.
6. The Forum below after considering the documents, affidavits filed by the parties on record, was pleased to allow the complaint by the impugned order dtd. 08.10.2001 and directed MSEB to apply tariff as per LTPG rates, since both complainants had not given option for LTMG tariff.
Aggrieved by the judgments delivered in both the complaints, MSEB has filed both these appeals.
7. We heard Adv.Smt S C Deo for appellant and Adv. Mr U N Andhare for respondents. We perused the impugned judgment & award passed by the Forum below and papers filed in the Forum below as well as the papers filed before this Commission.
8. In the course of argument, it was told to us by both the parties that ultimately both the parties resolved the dispute and now both complainants - respondents herein are being issued proper bills, applying the tariff applicable to LTPG. Both the complainants have already paid the bills and no dispute is to be resolved now.
9. In view of this position, both Appeals have become in fructuous. As such, we pass the following order:-
O R D E R i. Both Appeals filed by the MSEB, stand dismissed as rendered in fructuous.
ii. Parties to bear their own cost of these appeals.
ii. Copies of this order be supplied to the parties free of cost.
(S G NAGARALE) (P N KASHALKAR) MEMBER JUDICIAL MEMBER