The Chamber of Associations of Maharashtra Industry & Trade (CAMIT), representing a broad spectrum of trade and industry bodies across Maharashtra, has submitted a detailed representation to the Maharashtra Electricity Regulatory Commission (MERC) urging it to immediately vacate the ex-parte stay granted on the Multi-Year Tariff (MYT) Order dated 28.03.2025 in Case No. 217 of 2024.
The said MYT Order, which came into effect from 1st April 2025, was passed after a comprehensive public hearing process and review of over 4,485 objections and suggestions from consumers and associations. The order notably reduced cross-subsidies and offered lower electricity tariffs across all consumer categories, in line with the Electricity Act, 2003 and the National Electricity Policy.
Gold Rate
11 April 2025
However, the Maharashtra State Electricity Distribution Company Limited (MSEDCL), without filing a formal review petition, moved an Interlocutory Application (IA No. 42 of 2025) seeking the Commission’s suo-motu powers to review or amend the order. Based solely on MSEDCL’s plea, the Commission granted an ex-parte stay on 2nd April 2025, pending the filing of a review petition.
CAMIT President Dr. Dipen Agrawal strongly objected to the stay order, citing serious concerns over its legality, procedural irregularity, and the potential harm to consumers:
• Violation of Natural Justice: The ex-parte stay was granted without notifying or hearing any of the consumer objectors or associations who had actively participated in the MYT proceedings.
• No Error on Record: MSEDCL failed to demonstrate any “error apparent on the face of the record”—a legal prerequisite for review under Order 47 Rule 1 of the Code of Civil Procedure, 1908.
• Tariff Orders Cannot Be Stayed Once Enforced: As per Section 64(6) of the Electricity Act, 2003, tariff orders, once in force, remain applicable until amended or revoked through due process.
• No Prejudice to Consumers: Contrary to MSEDCL’s claim, the MYT Order reduced tariffs for all categories and its implementation is in the best interest of the state’s consumers. Comparisons with other distribution licensees show MSEDCL’s tariffs remain the highest in the state.
CAMIT emphasized that MSEDCL’s approach amounts to a backdoor rehearing and bypasses the proper review process. The organization has urged MERC to:
1. Immediately vacate the ex-parte stay granted on 02.04.2025.
2. Direct MSEDCL to file a formal review petition and upload it on its website.
3. Conduct a public hearing on the review petition, allowing all affected stakeholders to participate.
CAMIT reiterates its commitment to protecting the interests of Maharashtra’s traders, industries, and consumers and calls for transparency and due process in all regulatory actions affecting public tariffs and utilities.
