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TMI Blog2013 (9) TMI 223X X X X Extracts X X X X X X X X Extracts X X X X ..... ling supply at HT voltages and currently classified under the existing HTI Industrial or LTIX (multiplexes and shopping malls). This category was to include Hospitals getting supply at HT voltages, irrespective of whether they are charitable, trust, Government owned and operated etc. 5. The dispute in the present Petition is in respect of the categorization of the LPG Gas Bottling Plant of the Petitioner situated at Sangli. According to the Petitioner, the activity of LPG Gas Bottling Plant is a manufacturing activity and, therefore, the Petitioner should be charged under category HTI Industrial. According to the Respondent, however, the aforesaid activity of the Petitioner is not a manufacturing activity and, hence, they are entitled to levy and charge electricity at HTII i..e commercial category. Since, the bill for HTII Commercial Category was received by the Petitioner, a representation was made on 26th August, 2009 (Exhibit B). It appears that the Superintending Engineer, MSEDC Limited, Sangli Circle sought guidance from the Chief Engineer (Commercial) which was given by the letter of Chief Engineer (Commercial) dated 24th September, 2008. The relevant portion of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Consumer Grievance Redressal Forum held that the cause of action has arisen on 1st July, 2008 whereas grievance has been filed before the said Forum on 14th October, 2010 beyond the period of two years. The said Forum further held that the principles of Indian Limitation Act, 1963 which provided for the exclusion of the period of limitation spent in prosecuting the wrong remedy before the wrong forum (Consumer Court at Sangli) cannot be applied. On the other issue, as to whether the Petitioner is entitled to claim HTI, Tariff, the CGRF held that the activity of bottling plant of LPG was not a manufacturing activity. 8. Aggrieved by the aforesaid order of the CGRF, the Petitioner filed Representation No.82 of 2011 under Section 42(6) of the Electricity Act, 2003, before the Electricity Ombudsman. Various Judgments were cited before the Electricity Ombudsman. By the impugned order dated 17th August, 2011, Representation No.82 of 2011 is dismissed. The Ombudsman has concurred with the view of the CGRF that the grievance was filed beyond two years from the date of accrual of cause of action. On the other issue regarding manufacturing activity, the Ombudsman has concl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bution Licensee shall have office(s) in each revenue district in the area of supply. Provided that where the area of supply is the city of Greater Mumbai and adjoining areas, the IGR Cell of the Distribution Licensee shall have at least one (1) office for the area of supply. The Distribution Licensee shall endeavour to redress Grievances through its IGR Cell. 6.2 A consumer with a Grievance may intimate the IGR Cell of such Grievance in the form and manner and within the time frame as stipulated by the Distribution Licensee in its rules and procedures for redressal of Grievances. Provided that where such Grievance cannot be made in writing, the IGR Cell shall render all reasonable assistance to the person making the Grievance orally to reduce the same in writing. Provided also that the intimation given to officials (who are not part of the IGR Cell) to whom consumers approach due to lack of general awareness of the IGR Cell established by the Distribution Licensee or the procedure for approaching it, shall be deemed to be the intimation for the purposes of these Regulations unless such officials forthwith direct the consumer to the IGR Cell. 6.3 (a) The office of the IGR Cell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consumer has complied with the procedure under Regulation 6.2 and has submitted his Grievance in the specified form, to the Forum; (b) unless the consumer is aggrieved on account of his Grievance being not redressed by the IGR Cell within the period set out in these Regulations; (c) unless the Forum is satisfied that the Grievance is not in respect of the same subject matter that has been settled by the Forum in any previous proceedings; and (d) where a representation by the consumer, in respect of the same Grievance, is pending in any proceedings before any court, tribunal or arbitrator or any other authority, or a decree or award or a final order has already been passed by any such court, tribunal, arbitrator or authority. 13. It is thus clear that the Consumer cannot directly approach CGRF but as to first approach the Internal Grievance Redressal Cell (IGR Cell) to record and redress grievance in timely manner. 14. Regulation No.6.4 makes it clear that unless a shorter period has been provided in the Act, in the event that the consumer is not satisfied with the remedy provided by the IGR Cell to his Grievance within a period of two months from the date of intim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a gas bottling plant is a Commercial activity or a manufacture activity, prima facie, I find that neither the CGRF nor the Ombudsman have considered the relevant provisions of the Explosives Act, 1884 and the Gas Cylinder Rules 2004. The Petitioner has elaborately explained before the Authority below that the process of the industry is not simple refilling LPG Cylinder. It is explained that the activity comprises of LPG suction, vapour distribution, degassification, compression of LPG vapour, external and internal cleaning, hydro pressure test, refilling, sealing, quality control etc. Prima facie, the aforesaid activity will contribute a "Manufacturing Activity". 19. Section 4 (h) of the Explosives Act, 1884 defines the word "manufacture" and the same reads thus :- "(h) "manufacture" in relation to an explosives includes the process of (1) dividing the explosive into its component parts or otherwise breaking up or unmaking the explosives, or making fit for use any damaged explosive; and (2) remaking, altering or repairing the explosive" 20. In exercise of the power conferred by Sections 5 and 7 of the Explosives Act, 1884, the Central Government has fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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