Maharashtra Electricity Regulatory Commission (Procedure for filing appeal before the Appellate Authority) Regulations, 2004

Maharashtra Electricity Regulatory Commission (Procedure for filing appeal before the Appellate Authority) Regulations, 2004

Published vide Notification No. M.G.G., Part 4A, Ex. Ordinance, dated 10.6.2004, pp. 402-408

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In exercise of the power conferred on it under Section 127 read with clause (zo) of subsection(2) of Section 181 of the Electricity Act, 2003, the Maharashtra Electricity Regulatory Commission hereby makes the regulations providing for the procedure for filing appeal before the Appellate Authority.

1. Short title, extent and commencement.- (1) These Regulations may be called the Maharashtra Electricity Regulatory Commission (Procedure for filing appeal before the Appellate Authority) Regulations, 2004.

(2) These Regulations extend to the whole of the State of Maharashtra.

(3) These Regulations shall come into force on the date of their publication in the Official Gazette.

2. Definitions.- (1) In these Regulations, unless the context otherwise requires, -

(a) "Act" means the Electricity Act, 2003;

(b) "Appellate Authority" means the authority prescribed by the Central Government under sub-section (1) of Section 127 read with Clause (u) of sub-section (2) of Section 176 of the Act.

(c) "Commission" means the Maharashtra Electricity Regulatory Commission;

(d) "month" means the calendar month. The period of about 30 days between the two consecutive meter readings shall also be regarded as a month for purpose of billing;

(2) Words or expressions occurring in these Regulations and not defined herein but defined in the Act shall have the meanings assigned to them under the Act.

3. Filing of appeal.- (1) A person aggrieved by a final order made under section 126 of the Act, may, within thirty (30) days of the order, file an appeal before the Appellate Authority.

(2) The appeal shall be filed in the form specified in the Schedule to these Regulations.

(3) The appeal shall be accompanied by the following fee :-

Fees. - 1% of the assessed amount subject to minimum of Rs. 200 and maximum of Rs. 10,000.

(4) The fee shall be paid in such manner as the Appellate Authority may specify.

4. Miscellaneous.- (1) Subject to the provisions of the Act and these Regulations, the Commission may, from time to time, issue orders and practice directions with regard to the implementation of these Regulations and procedures to be followed.

(2) The Commission may, at any time, add to, vary, alter, modify or amend any of the provisions of these regulations.

Secretary, Maharashtra Electricity Regulatory Commission

Schedule

Form of Appeal

(Regulation 3(2))

Appeal Before the Appellate Authority under Section 127 of the Electricity Act, 2003

Appeal against final order of ................

1. .................... of 200
2. Appellant

(Full address of the Consumer including SC No., category of service)

And

2. Respondent

(Full address of the Respondent)

Appeal under Section 127 of the Electricity Act 2003

1. Aggrieved by the final assessment order No._________ of 200 ______ which was received by the Appellant on ______________, the Appellant above named begs to present this Memorandum of Appeal. The facts of the case are given below:

(give here a concise statement of facts in chronological order together with supporting documents annexed serially and correlated and highlighted in the body of the appeal. Each paragraph should contain, as neatly as possible, a separate issue, fact or otherwise).

Grounds

1.

2.

3.

(State the grounds of the case on which the appeal is filed and why the final order is unsustainable)

II The value of appeal is Rs.________________ and a fee of Rs.___________ is paid by way Cash/Demand Draft bearing No._____________ dated ___________as per section 127 of the Act read with Regulation 3(3) of the Maharashtra Electricity Regulatory Commission (Procedure for filing appeal before the Appellate Authority) Regulations, 2004.

III. The Final order was not passed with the consent of both the parties as per section 127(5) of the Electricity Act 2003.

2003. The appellant has paid an amount equal to one third of the assessed amount being Rs.__________ by way of cash/demand draft bearing No._____________ dated_____________ to the licensee as per Section 127(2) of the Electricity Act 2003.

The documentary evidence of such deposit has been enclosed along with the appeal.

1. Reliefs/ Interim Reliefs Sought
2. Jurisdiction of the Appellate Authority

(The appellant requires to declare that the matter of the appeal falls within the jurisdiction of the Appellate Authority.)

VII. Limitation

(The appellant is further required to declare that the appeal is within the limitation as prescribed in section 127(1) of the Electricity Act, 2003)

VIII. Matter not pending with any other court, etc

(The appellant is further required to declare that the matter regarding which this appeal has been made is not pending before any court of law or any other authority.)

Prayer

It is therefore, prayed that_____________________________________________________________________________________

Appellant

Verification

I,............... son of ................aged................residing at............... do solemnly affirm and declare that statements made in paragraphs ...............of the appeal are true to my knowledge and belief and statements made in paragraphs ................. to ............. are based on information and I believe them to be true.

Solemnly affirm at ................ on this ................day of ................that the contents of the above appeal are true to my knowledge, no part of it is false and nothing material has been concealed.

Place: Date :

Name & Signature of the Appellant

Identified before me Dated