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IN THE HIGH COURT OF ALLAHABAD
SURYA PRAKASH KESARWANI, JAYANT BANERJI, JJ.
Puttan – Petitioner
Versus
State of U.P. and Another – Respondents
Writ C. No. 27495 Of 2021, Writ C. No. 23674 Of 2021, Writ C. No. 1786 Of 2022, Writ C. No. 1858 Of 2022
Decided On : 01-11-2022

Advocates Appeared:
For the Petitioner: Sandeep Kumar Tripathi, Navin Kumar Srivastava, Deepak Singh, Suneel Kumar Mishra, Umesh Tripathi, Manish Dwivedi
For the Respondents: C.S.C., Abhishek Srivastava, B.P.Singh Kachhawah, Manoj Kumar Singh, Rajesh Yadav, Arti Raje, Sushil Kumar Pandey, Gaurav Singh, Krishna Agarawal.

Headnote:(A) Electricity Act, 2003 - Sections 57(1), 57(2), 59(1), 86(1)(i); Uttar Pradesh Regulatory Commission (Standards of Performance) Regulations, 2019 - Writ petitions concerning fraudulent and fictitious electricity billing practices by State-run Power Corporations - The court observed pervasive issues of creating fake demands, violating Articles 14 and 21 of the Constitution and causing harassment to consumers - The court emphasized the need for strict adherence to SOP Regulations, issuing mandates for special audits and remedial measures against errant officers. (Paras 24, 51)

(B) Fundamental Rights - Articles 14 and 21 - The rights of consumers were compromised due to arbitrary actions by public authorities, leading to unlawful detention and harassment, necessitating state responsibility and accountability for compensation. (Paras 48-52)

(C) Directions issued for a comprehensive audit and mechanisms to prevent future malpractices, imposing deadlines for compliance and disciplinary actions against involved officers. (Paras 27, 51)

Facts of the case:
Multiple writs filed against the excessive and fictional billing by Power Corporations, with petitioners detailing personal grievances of harassment and illegal detention related to fake demands.

Findings of Court:
The court reaffirmed the obligation of state bodies to ensure transparency and proper redressal mechanisms in consumer grievances, directing immediate actions.

Issues: The core issues included the validity of purported electricity demands and adequate redressal of consumer grievances.

Ratio Decidendi: Highlights included the court's stance on consumer rights and governmental accountability resulting from harassment by public officers. The necessity of special audits to ensure compliance with existing regulations and state responsibilities in safeguarding consumer rights was emphasized.

Result: The petitions were partly allowed, imposing costs and mandating compensation for illegal detention.

Table of Content
1. creation of fictitious demands by electricity suppliers. (Para 3 , 4 , 6)
2. harassment of consumers through false demands. (Para 5 , 7 , 8)
3. illegal connections and inflated dues for consumers. (Para 10 , 11 , 12 , 13 , 14)
4. need for regulation and adherence to standards in billing. (Para 25 , 26)
5. legal remedies and compensation for consumers due to illegal practices. (Para 49 , 50 , 51)

JUDGMENT :

(Surya Prakash Kesarwani, J.)

1. Heard Sri M.C. Chaturvedi, learned Senior Advocate assisted by Sri Abhishek Srivastava, Arti Raje, Sushil Kumar Pandey, Gaurav Singh and Krishna Agarawal, learned counsels for the U.P. Power Corporation Ltd./Associated Power Distribution Companies, namely Pashchimanchal Vidyut Vitaran Nigam Limited, Rampur, Dakashinanchal Vidyut Vitran Nigam Ltd. Jhansi etc. and Sri B.P. Singh Kachhawaha, learned standing counsel for the State-respondents.

2. Since number of writ petitions were coming up daily before this Court raising grievances of creation of fake bills/demands or highly excessive demands by the respondents, therefore, this Court took up one writ petition each on 8th 9th and 10th February, 2022 and called upon the respondents to respond to the contentions of the petitioners. Personal affidavit by the Additional Chief Secretary, Government of U.P. Lucknow has been filed mainly in Writ-C No.27495 of 2021. Brief facts of each writ petitions are being noted below.

Facts:- Writ-C No.27495 of 2021

3. Aggrieved with creation of fake and fictitious demand of Rs.29,60,202/- by demand notice dated 27.07.2021 issued by the respondent No.2 which was subsequently raised to Rs.31,47,731/- for the period from January, 2017 to November, 2021; the petitioner has filed the present writ petition for quashing of the demand notice. Copy of the ledger account filed by the respondent No.2 as Annexure CA-4 along with the aforesaid counter affidavit, revealed that the respondents debited monthly electricity dues in the account of the petitioner ranging from Rs.20,000/- to Rs.6,15,472/- per month. Considering the facts of the case, this Court passed detailed orders on 08.02.2022, 15.02.2022, 03.03.2022, 24.03.2022, 19.04.2022, 26.04.2022 and 05.05.2022. On 09.02.2022, the respondent No.2 stated before this Court that the demand of Rs.31,47,731/- was wrongly created and it has been modified to Rs.2,45,952/-. In paragraphs-6, 7, 8 and 9 of the order dated 03.03.2022, this court observed as under:

“6. The personal affidavit filed by the Managing Director of Pashchimanchal Vidyut Vitaran Nigam Limited, Meerut, U.P. is more or less reiteration of the aforesaid personal affidavit of the Principal Secretary. He has also admitted in his personal affidavit the prevailing situation of errors in the consumer ledger, raising of fictitious demands, several lapses on the part of officers of the Electricity Distribution Division and dereliction of duties, negligence in performance of duties by the officers and employees and existence of fictitious arrears against consumers.

7. From the aforesaid two personal affidavits, it appear that an isolated decision against some officers of the respondent No. 2 i.e. Pashchimanchal Vidyut Vitaran Nigam Limited, Milakh, District Rampur has been taken, but nothing has been stated about the situation prevailing in the Power Distribution Corporation in the whole State of Uttar Pradesh. To give instances, Writ C No. 23674 of 2021, relates to a consumer of District Jhansi falling under Vidyut Vitaran Khand, Mauranipur, District Jhansi of Dakshinanchal Vidyut Vitaran Nigam Limited filed against fictitious demand and recovery certificate of Rs. 4,83,103.00. The above noted connected Writ-C No. 1786 of 2022 relates to a consumer of District Mirzapur falling under Purvanchal Vidyut Vitaran Nigam Limited/Electricity Distribution Sub-Division-II, Fataha, District Mirzapur, challenging fictitious demand and harassment caused by arrest. The connected Writ-C No. 1858 of 2022 relates to a consume

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