Devendra Singh Vs Uttarakhand Power Corporation Limited & another

The petitioner is aggrieved by the order dated 24.04.2017, by which a provisional assessment bill of Rs.13,68,000/- (Rupees Thirteen Lakh Sixty Eight Thousand Only) has been imposed upon M/s Universal Coating Fulsunga and petitioner has been shown as owner of the said firm. According to the petitioner, the said firm is registered in favour of his wife, namely, Smt. Madhu Singh.

Learned counsel for the respondents- Mr. D.S. Patni says that the final assessment has already been done and in case the final assessment has not been communicated, the same shall be communicated to the petitioner or the concerned consumer, as the case might be, within a period of three days from today. Thereafter, the petitioner has a remedy to file an appeal before the appellate authority under Section 127 of the Electricity Act, 2003.

Section 127 of the Electricity Act, 2003 reads as under:-

"127. Appeal to appellate authority.- (1) Any person aggrieved by the final order made under section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such

fee as may be specified by the State Commission, to an appellate authority as may be prescribed.

(2) No appeal against an order of assessment under sub- section (1) shall be entertained unless an amount equal to half of the assessed amount is deposited in cash or by way of bank draft with the licensee and documentary evidence of such deposit has been enclosed along with the appeal.

(3) The appellate authority referred to in sub-section (1) shall dispose of the appeal after hearing the parties and pass appropriate order and send copy of the order to the assessing officer and the appellant.

(4) The order of the appellate authority referred to in sub- section (1) passed under sub-section (3) shall be final.

(5) No appeal shall lie to the appellate authority referred to in sub-section (1) against the final order made with the consent of the parties.

(6) When a person defaults in making payment of assessed amount, he, in addition to the assessed amount, shall be liable to pay, on the expiry of thirty days from the date of order of assessment, an amount of interest at the rate of sixteen per cent. per annum compounded every six months."

Learned counsel for the petitioner states that since he is not the consumer, this cannot be recovered from him.

This contention of the petitioner is totally misconceived as under Section 127 of the Electricity Act, the word given is any person who is aggrieved can file an appeal before the appellate authority.

In view of the aforesaid, no interference is called for by this Court.

The writ petition stands dismissed on ground of alternative remedy.