MSEDCL cannot retrospectively recover electricity subsidies through debit bill adjustments absent specific statutory or regulatory authorization.

The Petitioner (MSEDCL) granted Vidarbha-Marathwada (VM) Subsidy to the Respondent, a Common Effluent Treatment Plant (CETP), from 2017 to 2021 based on a Government Resolution (GR) dated 29.06.2016

In August 2023, MSEDCL issued a bill including a "Debit Bill Adjustment" of ₹3,49,10,622.70, seeking retrospective recovery of the subsidy

MSEDCL claimed that under a new GR dated 23.06.2022, the Respondent was reclassified as a "non-manufacturing unit" and was thus ineligible

The Consumer Grievance Redressal Forum (CGRF), Amravati, allowed the Respondent's complaint and set aside the recovery

1. Whether the CGRF had jurisdiction to entertain a dispute involving the recovery of a government subsidy under the MERC Regulations

2. Whether MSEDCL is legally entitled to retrospectively recover electricity subsidy amounts already awarded to a consumer in the absence of specific statutory or executive authorization

3. Whether the Respondent’s activity as a Common Effluent Treatment Plant (CETP) constitutes a "manufacturing activity" for the purpose of industrial categorization

Regulation 7 and Clause 7.9(d) of the MERC (Consumer Grievance Redressal Forum and Electricity Ombudsman) Regulations, 2020, regarding the maintainability of billing disputes

Principle that executive instructions (Government Resolutions) generally operate prospectively unless stated otherwise

The Court distinguished the Supreme Court rulings in Assistant Engineer (D1), Ajmer Vidyut Vitran Nigam Ltd. v. Rahamatullah Khan (2020) and K.C. Ninan v. Kerala SEB (2023), which allow recovery of electricity dues, by noting they do not automatically authorize retrospective recovery of previously sanctioned subsidies

The Court rejected the Petitioner's jurisdictional objection, noting that while CGRF cannot decide the grant of a subsidy, it is fully empowered to adjudicate "Debit Bill Adjustments" and retrospective recoveries appearing in electricity bills

On the merits, the Court found that the GR dated 23.06.2022 contained no provision authorizing MSEDCL to recover subsidies already disbursed between 2017 and 2021

Any reclassification of units as "non-manufacturing" could only apply to future subsidy claims

The Court upheld the CGRF's factual finding that a CETP involves a "manufacturing process" (treating raw waste into clean water), specifically noting that MSEDCL had itself categorized the Respondent as an "Industrial Consumer" in its own 2016 Tariff Order

The Court distinguished M/s. Meera Enterprise, noting that the present case was not about a refusal to grant a subsidy but about an unauthorized recovery of an existing one

The CGRF has jurisdiction over billing disputes involving retrospective adjustments, and the recovery of ₹3,49,10,622.70 was illegal as it lacked a retrospective mandate

The High Court dismissed the Writ Petition, confirming the CGRF's order. No costs were awarded