PER MR. S.M. SHEMBOLE , HON’BLE PRESIDING MEMBER
This revision is directed against the order dated 25/08/2010 passed by the District Consumer Forum, Amravati in execution Case No.38/2010, rejecting application of revision petitioner seeking direction to the respondent-M.S.E.D.C.L to correct the electricity bill as per the direction issued by the District Consumer Forum, vide order dated 16/02/2006 passed in consumer complaint No. 155/2002, etc.
Brief facts giving raise to this revision petition are that,
1. Revision Petitioner-M/s. Super Colour Professional Lab is a declared industrial unit. It is a consumer of respondent-M.S.E.D.C.L. having electric connection. As per the circular of the respondent-M.S.E.D.C.L. regarding tariff the electricity bills were issued as per the tariff applicable to industrial unit and not as per the commercial rates. However, the respondent-M.S.E.D.C.L. had issued the bill on the basis of commercial rates. Therefore, the revision petitioner had filed the consumer complaint No. 155/2002 against the respondent-M.S.E.D.C.L. challenging the electricity bills. The same complaint was allowed vide order dated 16/02/2006 and the respondent was directed to issue corrected bills on the basis of tariff applicable to the industrial unit. The same judgment and order of District Consumer Forum, Amravati was also confirmed in appeal by this State Commission vide order and judgment dated 12/02/2007. However, in the month of January-2010 the respondent-Board committed breach of order of the District Consumer Forum, Amravati and therefore, filed an application U/s 25 of the Consumer Protection Act, seeking direction to the respondent-Board to issue the electricity bills as per the tariff applicable to the industrial unit for future with effect from 16/01/2010, etc.
2. The same application is resisted by the respondent-Board vide its say dated 23/06/2010 contending inter alia that the execution petition is not tenable at all. It is submitted that though the order dated 16/02/2006 passed by the District Consumer Forum, Amravati in consumer complaint No. 155/2002 is final, the electricity bills from the month of January-2010 were issued as per changed tariff on the basis of second circular issued on the respondent –Board. It is submitted that in the month of February-2010 there was internal audit of the respondent-Board and in that the objection was raised to the effect that the Head Office though issued circular No. 21959 dated 26/06/2009 issuing direction to charge the electricity on the basis of commercial tariff withdrawing its earlier industrial tariff, the Board wrongly issued the bill, etc. As per the audit objection the bills were rightly issued on the basis of circular dated 26/06/2009. It is also submitted that the circular dated 26/06/2009 for issuing electricity bill of commercial tariff instead of industrial tariff is also approved by the M.E.R.C., etc. It is further submitted that the respondent-Board is bound to follow the circular of its Head Office. It is also submitted that the District Consumer Forum has no jurisdiction to change the tariff, etc. It is submitted to dismiss the application.
3. On hearing both the sides and considering the subsequent circular dated 26/06/2009 which is approved by the M.E.R.C., the District Consumer Forum, Amravati has rejected the application and held that the respondent has rightly issued the bill as per the changed tariff circular dated on 26/06/2009.
4. Feeling aggrieved by the order the revision petitioner has filed this revision.
5. We heard counsel for both the sides at length, perused the copy of impugned judgment and order, copy of application and written notes of argument submitted by Ld. Counsel for both the sides.
6. Almost all the facts are not disputed. The crux in this matter is as to whether the respondent-Board is entitled to act upon the subsequent circular dated 26/06/2009 passed by its head office and approved by the M.E.R.C. or not.
7. It is submitted by Mr. H.P. Jain, Ld. Counsel for the revision petitioner that when the order dated 16/02/2006 passed by the District Consumer Forum, Amravati in consumer complaint No.155/2002 is final; the respondent-Board can not change the tariff. But the respondent-Board by giving go bye to the said order of the District Consumer Forum issued the bill on the basis of changed tariff which is applicable to the commercial basis and thereby committed breach of order, etc. To which it is denied by the Mr. Aware, Ld. Counsel for the respondent-Board and submitted that the respondent-Board has every power to change the tariff from time to time and get the approval of M.E.R.C. It is submitted that as per subsequent circular dated 26/06/2009 the tariff was changed and the earlier tariff for industrial unit was withdrawn and commercial tariff was made applicable to all such industrial units throughout the State which was also approved by M.E.R.C., etc. It is submitted that the order dated 16/02/2006 passed by the District Consumer Forum, Amravati in consumer complaint 155/2002 was on the basis of earlier tariff and circular and therefore the same can not be continued after the subsequent circular dated 26/06/2009 as, undisputedly, the tariff was changed and subsequent tariff is made applicable to all industrial units, withdrawing the circular which was applicable for commercial unit. We find much force in the submission of Mr. Aware, Ld. Counsel for the respondent-Board. Because, the order on 16/02/2006 which was passed by the District Consumer Forum, Amravati was on the basis of the then circular and tariff which was applicable to the industrial unit. Therefore, though the same order of District Consumer Forum, has got final, it can not be accepted that the then tariff forever applicable to the industrial unit of the revision petitioner. Therefore, the District Consumer Forum, Amravati has rightly observed that it has no jurisdiction to change the tariff.
8. When undisputedly, on the basis of subsequent circular dated 26/06/2009 which is approved by the M.E.R.C. and made applicable to all industrial units throughout Maharashtra State charging commercial rates and the earlier circular for electricity tariff which was applicable for the industrial units is withdrawn, the revision petition can not take benefit of the order dated 16/02/2006 passed by the District Consumer Forum, Amravati in Consumer Complaint No. 155/2002, claiming benefits of the earlier electricity tariff which was applicable to the industrial unit.
9. For the forgoing reasons it is obvious that the District Consumer Forum, Amravati has rightly rejected the application of the revision petitioner holding that the respondent-Board has rightly issued the electricity bill on the basis of subsequent changed tariff with effect from the month of January- 16/01/2010. We find no glaring error or illegality in the impugned order. Hence, no interference is warranted.
10 In the result the revision petition is being devoid of any merits, liable to be dismissed.
Hence, the following order,
ORDER
1. Revision petition stands dismissed.
2. No order as to cost.
Dated:- 27/09/2012.
ay
