By the Court.—Heard Sri B.C. Rai, learned counsel for the petitioner, contends that the impugned demand bill dated 8.8.2011 is based on an assessment without following the procedure installing a check meter as prescribed in Clause 5.6 of the Electricity Supply Code, 2005. Sri Rai submits that unless the assessment is carried out by making a calculation as the results of a check meter as per the provisions so included in the 2005 Code, any bill raised is an erroneous exercise of power and the bill deserves to be quashed.

2. For the consideration of the case, Clause 5.6 is extracted herein under:

5.6 Defective Meters.—(a) The Licensee shall have the right to test any meter and related apparatus if there is a reasonable doubt abut the accuracy of the meter and the consumer shall provide the Licensee necessary assistance in conduct of test. However, the consumer shall be allowed to be present during the testing.

(b) A consumer may request the Licensee to test the meter installed on his premises if he doubts its accuracy of meter readings not commensurate with his consumption of electricity, stoppage of meter, damage to seal, by applying to the Licensee in prescribed format (Ann