On 5 August 2020 the Bombay High Court comprising of Justice Dipankar Datta and Justice A.S. Gadkari in the case Mangal Prabhat Lodhe v. Maharashtra State Electricity Distribution Company and others held that every consumer-facing adversity in relation to electricity bills are free to approach the Grievance Redressal Commission (GRC).
A PIL dated 28th July 2020 was heard before the Bombay High Court in relation to exorbitant electricity bills. It was held by the court that the issues of the consumers of electricity shall be addressed by the Grievance Redressal Commission.
Petitioner/ Respondent Contentions-
It has been stated by the petitioner that the Respondent No. 1 and Respondent No.2 have been increasing the electricity bills amidst the current scenario that has been created by the pandemic. The Respondents have warned the Petitioners that if they don’t pay the electricity bills accordingly their electricity will be cut.
The Learned Counsel of the Petitioner stated that due to Lock- down, the consumers are not able approach the Grievance Redressal Officer. The Dispute Resolution Mechanism is not an alternative body for providing adequate remedy to the petitioner.
The Advocates representing on behalf of the Respondents argued that the issues that are raised in the PIL dated 28th July, 2020 are squarely covered by the Judgement of the Bombay High Court.
The Advocate on behalf of the Respondent stated that the Distribution Licensee did not acted as per the Tariff Order.
ORDER OF THE COURT
The Court relied upon the case Mhaibub D. Shaikh v. State of Maharashtra and others (PIL NO. 41 OF 2020) , judgment and order dated 14th July, 2020.
The Bombay High Court that a Grievance Redressal stated that the Mechanism shall be set up for addressing the adversities of the consumers of electricity in relation to bills.
The Electricity Act of 2003 deals with all the matters relating to the electricity bills, working in accordance with the statutory regulations. It is a Forum to deal with the issues of the consumers who are free to approach this forum in case of any problem.
A press note dated 3rd July, 2020 was issued by the Commission. The features of the press note are as follows-
i. The Commission was reported about the grievances of the electricity consumers and in view of this the Commission reviewed the billing system for the month of June, 2020.
On 30th March 2020 the Tariff Order was issued by the Commission in respect of all four major Distribution Licensees namely, MSEDCL, Best Undertaking, AEMAL and TPC of the State.
For checking the abnormal usage, the internal control will be monitored. in case of excess consumption, the Meter will be rechecked on suo moto basis. If the Bill is more than double than the average for the months of March and May the consumer shall pay the bill in 3 EMI’s. The Electricity connection shall not be disconnected until the grievance pf the consumer is addressed.
The consumers can approach IGRC, CGRF, Electricity Ombudsman as per the provisions of the Commission. The Commission is keeping a vigil on the billing issues and will not provide any inconvenience to the consumers by the Distribution Licensees.
The Court opined that it will rely upon the above case in order to address the issues of the consumers. The Court observed that the tariff order dated 1st April, 2020 expressed lesser energy charges , it shall work in the interest of the consumers.
In view of granting concessions to the consumers the Court relied upon the SC case K.V. Rajalakshmiah Setty and Others v. State of Mysore and others AIR 1967 SC 993.
The Respondents are directed that they shall not levy any penalty for non- payment of electricity bills and will not disconnect the supply of electricity for non- payment of such bills.
The press note have given adequate opportunities to the Consumers for addressing their problems. No further intervention will be made in this regard. Every aggrieved consumer has the liberty to approach the Grievance Redressal Commission and the Grievance Redressal Officer is bound to address their issues and provide adequate relief.
The Distribution Licensees have to abide by the terms of the press note that is issued by the Commission dated 3rd July, 2020.
The PIL is disposed of and this Order will be digitally signed by the Private Secretary of this Court.
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