Maharashtra Electricity Regulatory ... vs Reliance Energy Ltd. & Ors on 14 August, 2007
With regard to the contention raised by DVC and
WBERC that the matter should be sent to the RGRO, I am
of the view that the dispute in hand is not a classical billing
dispute wherein either the meter is defective or erroneous
meter reading involving any outstanding energy charge for
the consumption made by the petitioners in regular course
as considered by the Commission in case of Reliance
Energy (supra). The bill is on account of alleged arrears
after adjustment of an admitted sum. The adjustment
includes the legality to realise DPS and bills for the period
2009 to 2013 after about seven years. These issues also
cannot be effectively decided by the RGRO or the arbitrator.
This Court is empowered to go into the legality of realisation
of DPS and adjustment on account thereof as also for bills
unrealised for over seven years.