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Judgment
Vinod K. Sharma, J.—The petitioner prays for issuance of a writ in the nature of certiorari to quash the Bill No. 1737 dated 27.02.2008
qua Item No. 19 of the bill. The petitioner is a company registered under the Companies Act, having high tension service connection No. 1737.
The respondents sanctioned HT service connection with maximum demand of 3900 KVA,
The case of petitioner is that the electronic meter fixed at the petitioner''s mill became defective during the month of February, 2006 and
information in this regard was given to the territorial Assistant Divisional Engineer on 11.2.2006.
In response to the intimation, the premise of petitioner was inspected by the third respondent on 10.3.2006. Thereafter in consultation with the
manufacturer of the meter, the meter was removed and new meter was installed after initial investigation and report was also submitted by the 3rd
respondent, that there is no billing recommendation warranted for the above defective period, i.e., from 28.1.2006 to 13.2.2006.
Even though there was specific recommendation taken by respondent No. 3, that there was no billing recommendation for the defective period
on 19.2.2006, the petitioner was informed, that Audit Branch found short billing of Rs. 19,04,642/- (Rupees Nineteen Lakhs Four Thousand Six
Hundred and Forty Two only) for non adopting average for the meter for the defective period,
The petitioner objected to this demand, by submitting a detailed reply along with Central Excise Returns in support of the claim that no average
current consumption charges could be claimed for the defective period, showing the shortage of raw materials and labour problem, which resulted
in petitioner not running the factory. Therefore, the surcharge from the petitioner on account of defective meter, was not called for.
Furthermore, that though initially it was alleged, that there was short billing of Rs. 19,04,642/- (Rupees Nineteen Lakhs Four Thousand Six
Hundred and Forty Two only), the respondents in the bill submitted to petitioner added a sum of Rs. 9,66,078/- (Rupees Nine Lakhs Sixty Six
Thousand and Seventy Eight only) towards short billed amount due to non-adoption of average for meter defective period.
The impugned demand notice is challenged by petitioner to be without jurisdiction, on the ground, that there is no order determining the amount
payable by petitioner for the defective meter.
The impugned demand is also challenged, being illegal, arbitrary and against the provisions of Tamil Nadu Electricity Supply Code, on the
ground, that the Executive Engineer had recorded a positive finding, that there was no billing recommendation for the above defective period,
based on the reply sent by petitioner to the initial demand, but this recommendation was totally ignored without assigning any reason.
Learned counsel for the respondents vehemently contends, that as per Clause 11 of the Terms and Condition of Tamil Nadu Electricity Board
has power to levy additional charges in case of defective meter for the period of one year. It is also case of the respondents, that in case there was
any dispute, it was open to the petitioner to invoke the dispute clause to get the matter adjudicated.
On consideration, I find that this writ petition deserves to succeed. Admittedly, there is no order by the Board in assessing the demand for the
period, when the meter was said to be defective.
It may also be noticed, that the Executive Engineer, who inspected the meter and was in know of the fact, gave a positive finding, that there is
no billing recommendation called for.
The demand also suffers from vagueness as to how the initial demand of Rs. 19,04,642/- (Rupees Nineteen Lakhs Four Thousand Six
Hundred and Forty Two only), was changed to Rs. 9,66,078/- (Rupees Nine Lakhs Sixty Six Thousand and Seventy Eight only), is not shown.
The impugned demand therefore can be said to be totally arbitrary and contrary to the terms of supply and regulations, governing the
conditions of supply as also against the procedure to be followed for imposing additional charges for defective meter.
Consequently, this writ petition is allowed, The impugned demand of Rs. 19,04,642/- (Rupees Nineteen Lakhs Four Thousand Six Hundred
and Forty Two only) is ordered to be quashed.
However, this order shall not bar the Board to proceed in accordance with law, if so permissible in law, to claim any additional charges. No
costs. Connected miscellaneous petition is closed.