Bombay High Court
M/S Darpan Multi Polypack (India) Pvt. ... vs The Electricity Ombudsman, ... on 18 January, 2016
Author: Z.A. Haq
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4595 OF 2014
M/s Darpan Multi Polypack (India)
Pvt. Ltd., Lal Imli Galli, Bhandara Road,
Nagpur. .... PETITIONER
VERSUS
1) The Electricity Ombudsman,
Maharashtra Electricity Regulatory
Commission, Plot No.12, Shrikrushna,
Vijay Nagar, Chhaoni, Nagpur-440013.
2) Maharashtra State Electricity Distribution
Company Limited's Consumer Grievance
Redressal Forum, Nagpur Urban Zone,
Nagpur, through its Chairman, Prakash
Bhawan, Link Road, Nagpur.
3) Maharashtra State Electricity Distribution
Company Limited, through its
Superintending Engineer, Urban Circle,
Nagpur. .... RESPONDENTS
______________________________________________________________
Shri A.S. Kilor, Advocate for the petitioner,
Shri S.V. Purohit, Advocate for the respondent No.3.
______________________________________________________________
CORAM : Z.A. HAQ, J.
DATED : 18
JANUARY, 2016.
th
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ORAL JUDGMENT :
1. Heard Shri A.S. Kilor, learned Advocate for the petitioner and Shri S.V. Purohit, learned Advocate for the respondent No.3.
2. Rule. Rule made returnable forthwith.
3. The petitioner has challenged the decision of the subordinate authorities refusing to entertain the grievance of the petitioner on the ground that the claim made by the petitioner will not fall within the meaning of "grievance" as defined in Regulation No.2.1(c) of the Maharashtra Electricity Regulatory Commission (CGRF and EO) Regulations, 2006 (hereinafter referred to as the "Regulations of 2006").
4. The issue is decided by the Division Bench of this Court in the judgment given in Writ Petition No.4595/2014 and connected matter on 16-12-2015. In paragraph No.9 of the judgment, it is held as follows :
"9. The definition of term "grievance" would include any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which has been undertaken to be performed by a Distribution Licensee in pursuance of a license, contract, agreement or under the ::: Uploaded on - 25/01/2016 ::: Downloaded on - 31/07/2016 01:30:44 ::: 3 wp4595.14 Electricity Supply Code or in relation to standards of performance of Distribution Licensees as specified by the Commission and includes inter alia (a) safety of distribution system having potential of endangering of life or property, and (b) grievance in respect of non-compliance of any order of the Commission or any action to be taken in pursuance thereof which are within the jurisdiction of the Forum or Ombudsman, as the case may be. It could thus be seen that the definition as given in the said regulations is not exhaustive but inclusive. The second part of the definition of term "grievance" begins with the words "and includes inter alia". It could thus be seen that the Grievance Redressal Forum as well as the Electricity Ombudsman will have jurisdiction with regard to any of the matters which comes within the ambit of clause (a) or clause (b) of second part of the definition or any action to be taken in pursuance thereof. In that view of the matter, we find that the view taken by the learned Single Judge in the case of Maharashtra State Electricity Distribution Co.Ltd.
(cited supra) is not a correct view. It appears that the learned Single Judge while deciding the case has ignored the second part of the definition.
5. In my view, as the representations filed by the petitioner before the authorities have been rejected on the preliminary point that the claim made by the petitioner does not fall within the meaning of "grievance" as defined under the Regulations of 2006, it will not be proper to consider the submissions made by the respondents on merits, at this stage and it will be appropriate to remit the matter to Forum for deciding it. The respondents are at liberty to raise the contentions, if so advised before the Forum.
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6. Hence, the following order :
(i) The impugned orders are set aside.
(ii) The matter is remitted to the Consumer Grievance
Redressal Forum, Nagpur for deciding the grievance submitted by the petitioner, on merits.
(iii) The parties shall appear before the Forum on 12-02-2016 at 11-00 a.m. and abide by the further instructions/orders in the matter.
(iv) As the grievance of the petitioner is old, the Forum shall decide the grievance till 29-04-2016.
7. Rule is made absolute in the above terms. In the circumstances, the parties to bear their own costs.
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