MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD Vs. VASHI FANTASIA BUSINESS PARK PREMISES COOPERATIVE SOCIETY LTD.

JUDGEMENT

(1.) The case presents a unique conundrum - whether consumer, or a group of consumers can be forced by an Electricity Distribution Company to opt for High Tension (HT) connection against their desire to have multiple Low Tension (LT) This Order is modified/corrected by Speaking to Minutes Order dtd. 30/11/2023 connections ? The question arises on account of refusal by Petitioning Company to provide 24 LT connections to group of office owners in a commercial complex for operation of Variable Refrigerant Flow (VRF) Group Air Conditioning Systems and its insistence that the Society formed by the office owners must operate the VRF or Centralized AC system (along with other common facilities) by opting for a single HT connection/meter. The Petitioning company insists that office owners in 'Vashi Fantasia Business Park' must subscribe to single H.T. connection of 480kW/240kW for operating the common Air Conditioning System in the offices located in the building. The office owners, on the other hand, have clubbed themselves together into 24 groups and have applied for 24 separate connections of 24 kW each for operating Air Conditioning system in their respective offices.

(2.) The issue arises on account of challenge set up by Petitioning Company to Orders passed by the Consumer Grievance Redressal Forum (CGRF) on 3/1/2022 in Case No.42/2021-22 and 29/7/2022 in Review Case No.183/2021-22.

(3.) The dispute essentially arises on account of the manner in which the building is constructed by the Developer, which initially envisaged operation of a Centralised Air Conditioning System without leaving any space for keeping individual outdoor compressor units. The Petitioning-Company sanctioned 40 meters/ This Order is modified/corrected by Speaking to Minutes Order dtd. 30/11/2023 connections to the building for operation of the Air Conditioning system, which according to it, was a mistake and that only a single H.T. connection ought to have been provided for operation of Centralised Air Conditioning system. On account of non-payment of electricity charges in respect of those 40 meters by the Developer, the said 40 meters/connections were permanently disconnected.