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2013 Supreme(Mad) 3309

High Court of Judicature at Madras
S. MANIKUMAR, J.
N. Mohamed Kani
Versus
The Secretary, Tamil Nadu Electricity Board, Chennai & Another
W.P.No.24536 of 2013 M.P.No.1 of 2013
Decided On : 18-09-2013

Advocates:
Advocate Appeared:
For the Petitioner:P. Vijendran, Advocate.
For the Respondents:G. Vasudevan, Advocate.

Judgment :

1. The petitioner is running Garment business, at Door No.23, Ranganathan Street, T.Nagar, Chennai-61. Electricity Service Connection No.181-32-18, has been disconnected due to non-payment of Current Consumption Charges. He has filed this present writ petition, for a Mandamus, directing the Assistant Engineer, Tamil Nadu Electricity Board, T.Nagar, Chennai-17, 2nd respondent herein, to assess the correct electricity consumption charges, to the service connection, for the period from 20.03.2013 to May 2013, as contemplated in Rule 11(2) of the Tamil Nadu Electricity Supply Code, 2004.

2. According to the petitioner, he is regular in payment of Current Consumption Charges. That on 19.03.2013, while calculating the same, an employee of the respondents-Board, informed the petitioner that the electric meter defective. Therefore, he made a representation on 20.03.2013 to the 2nd respondent, to change the electric meter. Accordingly, a new meter was fixed on 06.06.2013. While that be so, on 20.07.2013, some other employee of the Electricity Board informed the petitioner that he has to pay Rs.1,67,794/-, as Current Consumption Charges, for the period from January' 2012 to May' 2013. According to him, the respondents have taken the average Current Consumption Charges at Rs.3,420/-and arbitrarily, assessed the same, for the abovesaid period, totalling Rs.1,67,794/-.

3. Referring to the meter reading from September' 2011 to March' 2013, Current Consumption Charges entered in the meter card, issued by the Electricity Board, Mr.P.Vijendran, learned counsel for the petitioner submitted that even after the employee of the Electricity Board, noticing the defect on 19.03.2013, whatever be the Current Consumption Charges recorded in the meter card, the same has been duly and promptly paid by the petitioner and that therefore, the calculation made by the Board, determining a huge sum of Rs.1,67,794/-, as current consumption charges, for the period between January' 2012 to May' 2013, is illegal.

4. Learned counsel for the petitioner further submitted that as per Regulation 11(2) of the Tamil Nadu Electricity Supply Code, 2004, 2003, the quantity of electricity supplied during the period in question shall be determined by taking the average of the electricity supplied during the preceding four months, in respect of both High Tension service connections and Low Tension service connections provided that the conditions in regard to use of electricity during the said four months were not different from those which prevailed during the period in question.

5. According to the learned counsel for the petitioner, the respondents have not properly calculated the Current Consumption Charges. He submitted that no sooner, the employee had noticed the electric meter was defective, the petitioner submitted a letter, dated 20.03.2013 to the respondents, for changing the meter, but the meter was changed only on 06.06.2013.

6. Referring to the representation, dated 25.07.2013 and the reminder, dated 06.08.2013, learned counsel for the petitioner submitted that as per his calculation, the average Current Consumption Charges, for the period between 25.11.2012 to 24.05.2013, is higher than the sum, that ought to have been arrived at, and that, the respondents have erred in calculating the average Current Consumption Charges. Referring to Section 56 of the Electricity Act, 2003, he submitted that 15 days' notice in writing had not been given before disconnecting the supply and that therefore, there is a violation of principles of natural justice.

7. On the objection regarding maintainability of the writ petition that for the dispute now raised, regarding calculation of the Current Consumption Charges and that there is a separate forum, viz., Consumer Grievances Redressal Forum, learned counsel for the petitioner submitted that, as per Regulation No.6 of the Regulations for Consumer Grievance Redressal Forum and Electricity Ombudsman, 2004, the Electric







































































































































































































































































































































































































































































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