SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Telangana) 168

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA, J.
Mr. Mir Amjad Ali Khan - Petitioner
Versus
State of Telangana & Others - Respondents
W.P. No. 1366 of 2024
Decided On : 30-07-2024

Advocates Appeared:
For the Petitioner: Sri A. Satyasiri.
For the Respondents: Sri R. Vinod Reddy.

IMPORTANT POINT
The court reaffirmed that principles of natural justice require prior notice before taking actions that adversely affect a party's rights.

Headnote:

Electricity - Consumer Grievance - Electricity Act Section 56(1) - The court emphasized the necessity of prior notice before adverse actions affecting consumer rights, reinforcing principles of natural justice and the requirement for transparency in billing practices.

Fact of the Case:

The petitioner challenged the legality of a letter and notices regarding electricity dues, claiming they were based on incorrect billing and lacked proper notice, following a prior award from the Consumer Grievance Redressal Forum.

Finding of the Court:

The court found that the respondents failed to provide adequate notice or justification for the revised bills, violating principles of natural justice, and upheld the prior award from the Consumer Grievance Redressal Forum.

Issues: Whether the respondents acted lawfully in revising the electricity bills and disconnecting service without proper notice or justification.

Ratio Decidendi: The court held that actions affecting a party's rights must be preceded by notice and an opportunity to be heard, as mandated by principles of natural justice.

Result: The writ petition is allowed, directing respondents to act in accordance with the prior award after providing proper notice.

ORDER :

Surepalli Nanda, J.

Heard the learned counsel Sri A. Satyasiri, appearing on behalf of the petitioner and the learned standing counsel Sri R. Vinod Reddy, appearing on behalf of the Respondent Nos.2 to 7, and learned Government Pleader on behalf of 1st Respondent.

2. The petitioner approached the court seeking prayer as under :

    “To issue Writ, Order or Direction more in the nature of Writ of Mandamus, declaring

(a) The impugned letter Lr.No.AAO/ERO.VIII/ Saidabad/JAO-Billing/D.No.158/23 dated 08.05.2023 of the 4th Respondent to the Chairperson of the Consumer Grievance Redressal Forum of TSSPDCL, without any basis, as illegal, arbitrary, irrational, unconstitutional and contrary to the award of The Consumer Grievances Redressal Forum of TSSPDCL (Greater Hyderabad Area) 30.01.2023 in C.G.No.312/2022-23.

(b) The Notices bearing No.19608 and 19609 dated 06.01.2024 for disconnection of electricity on the basis that there are electricity dues with regard to connection SC No.P-12970 and SC No.P-12966, as illegal, arbitrary, unconstitutional; and

(c) And pass such order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. The case of the petitioner in brief as per the averments made by the petitioner in the affidavit filed by the petitioner in support of the present writ petition, is as under :

    (a) The Petitioner’s mother was the owner of the H.No. 16-9-407/A, old Malakpet, Wahed Nagar, Chaderghat, Hyderabad, 500036 with five (05) electricity service connections in the premises with SC. Nos.’ P1012966, P1012967, P1012968, P1012969 and P1012970 and the petitioner was paying the electricity bills promptly.

(b) During the period of 2012 to 2021, the petitioner’s mother received excess and incorrect bills for the electricity connections SC. Nos. P1012966, P1012969 and P1012970. Subsequently, the petitioner’s mother passed away and the petitioner filed a complaint vide C.G No. 312/2022-23 dated 21.11.2022 before the Consumer Grievance Redressal Forum of TSSPDCL seeking a direction from the forum to direct the respondent authorities to withdraw the excess bills. Thereafter, an award dated 30.01.2023 was passed by the forum directing the respondents therein to revise the bills of the aforesaid service connections within fifteen (15) days from the date of receipt of the award and also directed the respondents to collect the revised bill from the petitioner herein in ten (10) equal instalments.

(c) It is the further submitted that the petitioner herein, in compliance with the award passed by the forum dated 30.01.2023, has paid Rs.1,15,000/- till date and despite the same, in October, 2023, the Respondents cancelled the electricity connection of the petitioner. Thereafter, the 4th respondent herein issued vide Lr. No. AAO/ERO.VIII/Saidabad/ JAO-Billing/D.No.158/ 23 dated 08.05.2023 to the Chairperson of the Consumer Grievance Redressal Forum of TSSPDCL, stating that an amount of Rs.1,33,780/- is reduced from the amount due towards Service No. P1012966, an amount of Rs.74,143/- from S.No. P1012969 and an amount of Rs.11,896/- from S.No. P1012970. However, the said communication was never served on the petitioner herein and the same does not state on what basis the said amount was reduced and the remaining amount is said to be liable to be paid.

(d) It is submitted that, the petitioner again received a receipt dated 06.01.2024, for electricity connections S.No. P1012966 and P1012970 stating that there are amounts of Rs.3,86,420/- and Rs.1,70,967/-, against electricity dues for the said connections respectively, which are again excess and incorrect bills and the respondents failed to explain how and on what basis the respondents revised the bills. Following the same, the respondents issued a notice bearing Nos. 19608 and 19609 dated 06.01.2024 for the disconnection of electricity on the basis that there are electricity dues pending. Aggrieved by the letter dated 08.05.2023 and the notice dated 06.01.2024 the

                Click Here to Read the rest of this document
                1
                2
                3
                4
                5
                6
                7
                8
                9
                10
                11
                SupremeToday Portrait Ad
                supreme today icon
                logo-black

                An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                Please visit our Training & Support
                Center or Contact Us for assistance

                qr

                Scan Me!

                India’s Legal research and Law Firm App, Download now!

                For Daily Legal Updates, Join us on :

                whatsapp-icon Back to top