Bombay High Court
Maha. State Electricity Distribution ... vs Shri. Ganesh Dal Mill Industries, Thr. ... on 31 July, 2025
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION No.4065 OF 2025
Maharashtra State Electricity Distribution Company Vs. Ganesh Dal Mill Industries
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. S.V.Purohit, Advocate for petitioner.
Mr. S.K.Gurpude, Advocate for the respondent.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 31st JULY, 2025.
1. Heard Mr. S.V.Purohit, learned counsel for the petitioner.
2. The petitioner has raised challenge to the orders dated 19.3.2025
passed by the Consumer Grievance Redressal Forum, Nagpur, in Case
No.18/2025 and also the order dated 16.5.2025 passed in Review Petition
No.51/2025. By the impugned orders, the grievance application filed by the
consumer has been entertained, and the Nodal Officer of the petitioner has
been directed to refund the cost of the infrastructure incurred by the petitioner,
along with interest at the rate of 6% per annum.
3. The learned counsel for the petitioner submits that the grievance
application filed by the respondent-consumer was itself barred by limitation,
having been filed after a lapse of 11 years, therefore, it was not maintainable in
accordance with Clause 7.8 of the 2020 Regulations. He submits that although
the Consumer Grievance Redressal Forum initially rejected the claim for refund
of the infrastructure cost, however, in the Review Petition, the Forum directed
the petitioner to refund the cost of the infrastructure.
4. He submits that the impugned orders are unsustainable on two
grounds: firstly, because a time barred grievance application is entertained and
secondly, because the respondent is not entitled for refund of the infrastructure
wp4065.25.odt
cost, in view of the clauses mentioned in the Agreement dated 31 st July, 2012.
In support of his submissions, he relies on the judgment in the matter of
Maharashtra State Electricity Distribution Company Ltd, Dhule and another Vs.
Jawahar Shetkari Soot Girni Ltd.Morane, Dist.Dhule reported in 2019 (1)
Mh.L.J.342 and the judgment of this Court passed in Writ Petition
No.1588/2019 with connected matters (Maharashtra State Electricity
Distribution Company Limited Vs. Electricity Ombudsman, Nagpur and others)
dated 8th January, 2020.
5. Issue notice to the respondent, returnable after four weeks.
6. Mr. S.K.Gurpude, learned counsel appears and waives service notice
on behalf of the sole respondent.
7. The learned counsel for the petitioner submits that the respondent
has initiated non-compliance proceedings in accordance with Rule 9.8 of the
2020 Regulations before the Consumer Grievance Redressal Forum and the
petitioner is apprehending coercive action against it.
8. In view of the above, interim relief in terms of prayer clause (B) of
the petition till next date, which is reproduced below:
"Stay the effect, operation, implementation and
execution of the impugned Final Orders dated
19/03/2025, passed in CGRF case no.18/2025, by
Consumer Grievance Redressal Forum, Nagpur
(Annexure-`A') and Final order passed in Review
petition CGRF case no.51/2025 decided on
16/05/2025 by Consumer Grievance Redressal Forum,
Nagpur(Annexure-`B'), during the pendency of the
instant petition".
(PRAFULLA S. KHUBALKAR, J.)
Mukund Ambulkar
Signed by: Ambulkar (MLA)
Designation: PS To Honourable Judge
Date: 31/07/2025 19:20:05
