1/2 21-WP 1146.2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1146 OF 2019
Maharashtra State Electricity Distribution Company Ltd.
vs.
M/s. Suresh Spices Pvt. Ltd. and another
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.
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Mr. S. V. Purohit, Advocate for petitioner. Ms. Sejal Lakhani, Advocate h/f. Mr.S.P.Bhandarkar, Advocate for respondent No.1.
CORAM : MANISH PITALE J.
DATE : 08/09/2022
Heard learned counsel for the parties for substantial period of time.
2. The learned counsel appearing for the petitioner has specifically raised the question of limitation and it is claimed that the proceeding initiated on behalf of the respondent consumer was hopelessly barred by limitation. In fact, the Consumer Grievance Redressal Forum (CGRF) found in favour of the petitioner on the ground of limitation itself.
3. The Electricity Ombudsman reversed the order and held in favour of the respondent consumer.
KOLHE 2/2 21-WP 1146.2019
4. Specific reliance is placed by the learned counsel appearing for the petitioner on judgment of a Division Bench of this Court in the case of MSEDCL vs. M/s. RSR Mohoti Spinning & Weaving Mills Ltd. [ Judgment and order pronounced on 08/06/2021 in Civil Writ Petition No. 7900 of 2017 ]. On the aspect of limitation, the Division Bench of this Court has specifically held that the consumer would have to approach the Internal Grievance Redressal Cell (IGRC) within two years from the date of the cause of action. The learned counsel for the petitioner has also placed reliance on Regulation 6.6 of the M.E.R.C. Regulations to contend that specific limitation period of two years is specified for approaching the CGRF.
5. In this backdrop, the learned counsel appearing for the respondent consumer seeks short adjournment to respond on the question of limitation in the light of the aforesaid judgment of the Division Bench of this Court. The learned counsel for the respondent consumer also submits that typed copies of document at Annexures - JJ at pages 123 and 124 shall be placed on record.
6. List for further hearing/consideration on 22/09/2022.
Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:08.09.2022 18:18 JUDGE KOLHE