The number of legal suits against the Comisión Federal de Electricidad (CFE) continues to grow.
While following the Mexico Supreme Court´s agreement to hear a class action suit against the electric company initiated by 40 users, most of whom are Sinaloans, another local company has become a victim of arbitrary CFE decisions.
Hacienda Blue Bay, owned by American Terry Emmert, is a small 45-room hotel located in Cerritos which during the past few seasons has grown in popularity prompting the owner to consider expansion plans.
However, his plans were cut short when on September 5 last year CFE personnel went to the hotel and removed its electric meter without following legal procedure. They accused the owner of altering the meter counter and assessed him a fine of 2.8 million pesos and if it wasn´t paid, electricity service to the hotel would be cut off, which it was on February 12, 2014.
On March 12, the Hacienda Blue Bay legal representative attempted to negotiate with CFE but they could not come to an agreement. Given the stalemate, Blue Bay filed a suit against CFE on April 8. However, the Judge of the Noveno de Distrito, who allowed the class action suit of 40 users, refused to accept Hacienda Blue Bay´s suit.
On May 19, the Sinaloa Supreme Tribunal of Justice directed the Judge to accept Hacienda Blue Bay´s demand against the CFE.
In the meantime, in order to remain in business owner Terry Emmert turned to diesel operated air conditioning costing 10,000 to 12,000 pesos daily, spending over 1.2 million pesos.
The lawyer for Blue Bay Hacienda pointed out his concern that taking the digital meter could allow CFE to alter the counter to their benefit, and that CFE has not complied with the law stating if the consumer pays 25 percent of the assessed fine, he can continue receiving electricity until the lawsuit has been resolved.
Media reported that the hotel owner decided to go public with his case because he is desperate to the point of declaring bankruptcy because he cannot get access to justice.
(from Noroeste)
