Approach Grievance Redressal Officer If Needed; Bombay HC Disposes Of BJP MLA's PIL Against Electricity Inflated Bills [Read Order]

The Bombay High Court on Wednesday disposed of a public interest litigation filed by Mangal Prabhat Lodha, President of BJP Mumbai Unit and MLA from Malabar Hill constituency against the allegedly inflated electricity bills being generated by power distribution companies all over the city. He sought relief for the consumers as they are being threatened with disconnection by such companies in case they are unable to pay the bills.

Division bench of Chief Justice Dipankar Datta and Justice AS Gadkari recorded that the previous decision disposing of two similar PILs on the issue of inflated bills is applicable to the said case as well.

At the outset, appearing on behalf of the petitioner, Advocate Rohan Savant along with Kiran Gandhi, counsel for Maharashtra State Electricity Distribution Company Ltd, BEST's lawyer Advocate Arsh Misra and Additional Government Pleader Abhay Patki referred to the previous order disposing of two similar PILs and contended that the concerns raised in the present PIL are squarely covered by such judgment and order and no interference is warranted at this stage.

On the other hand, petitioner's counsel Advocate Rohan Savant, argued that during the period of the lock-down, the consumers are disabled from approaching the Grievance Redressal Officer and in view thereof, the dispute resolution mechanism which is otherwise available under the regulations framed by the Commission is not an efficacious remedy, which could be availed of by the consumers.

Moreover, notices are being issued by the distribution licensees threatening disconnection of supply of electricity if the charges were not cleared by the due date. Thus, the order of the co-ordinate Bench notwithstanding, Court ought to intervene to set things right, Savant said.

The bench observed-

"We have heard the parties and perused the materials on record. The decision of the coordinate Bench in Mahibub D Shaikh (supra), we are in agreement with learned advocates for the respondents, does cover the concerns expressed in this PIL petition. However, we wish to record our own conclusions in respect of the prayers in this petition in the light of the press note issued by the Commission, referred to above, and the extant law."

Furthermore, Court said that the tariff order dated April 1, 2020 having in fact prescribed lesser energy charges, it is meant to ensure the benefit of the consumers. However, if there has been any instance of a distribution licensee not following the tariff order dated 1st April, 2020, as contended by Mr. Savant, it would be open to an aggrieved individual consumer to draw the attention of the Grievance Redressal Officer to such aspect and to have a decision thereon rendered by him, Court concluded.

Referring to prayer clause (c) of the PIL seeking direction on the respondents to grant concessions to the consumers, Court said-

"We hold that no Mandamus would lie seeking direction for grant of a concession, as has been held by the Supreme Court in K.V. Rajalakshmiah Setty and Ors. Vs. State of Mysore and Ors. In that view of the matter, we decline prayer (c)."

Whereas, prayer clauses (d) and (e), seek directions for the respondents not to levy any penalty for non-payment of electricity bills as well as not to disconnect the supply of electricity for non-payment of such bills.

Finally, disposing of the PIL, the bench observed-

"The portions of the press note extracted (supra) are sufficient safeguards that have been introduced considering the interest of the consumers and therefore, does not require any further intervention of the writ Court. We make it clear that it would be open to each individual consumer aggrieved by alleged inflated electricity bills raised by the distribution licensees, to avail of the remedy made available by the regulations issued by the Commission and upon receipt of such grievance, the Grievance Redressal Officer shall waste no time to decide the same."

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