The petitioner is running an industrial unit with Consumer No.5184 and a TOD meter has been installed in the premises in December, 2012. There was a surprise inspection on 25.06.2014 by the Anti Power Theft Squad who observed that only 28.24% of electricity was actually being recorded as shown in Ext.P1 site mahazar. It was accordingly that the petitioner was directed to deposit ₹9.53 lakhs on or before 4.7.2014. Without considering the objection raised by the petitioner vide Ext.P3, Ext.P4 proceedings were issued. Thereafter opportunity of personal hearing was given on 18.7.2014. Without actually considering the facts and figures, the proceedings were finalized re-affirming Ext.P4 followed by the bill dated 26.8.2014, demanding to satisfy as sum of ₹9.43 lakhs on or before 2.9.2014 to avoid fine and disconnection. This made the petitioner to approach this Court by filing this writ petition.
2. A counter affidavit has been filed by respondents stating W.P.C. No. 23002 of 2014 -2-
that, the demand issued is a short assessment of the amount escaped assessment and that the petitioner is having an effective alternative remedy before the Consumer Grievance Redressal Forum. It is stated that, the proceedings have been finalized in accordance with the relevant provisions of law and hence not assailable under any circumstances.
3. The petitioner has filed a reply affidavit seeking to justify the stand. During the course of hearing, the learned counsel for the petitioner points out that, pursuant to the interim order dated 1.09.2014, the petitioner has satisfied 1/4th of the demand and that the petitioner would like to pursue the matter before the CGRF as suggested by the respondents. The learned counsel further points out that, even though the petitioner had approached the respondents for rectifying the defect if at all any, with regard to the meter, the same is still to be acted upon.
4. In the above circumstance, the petitioner is set at liberty to pursue appropriate remedy in accordance with the relevant provisions of law before the CGRF for redressal of the grievance, which shall be done within two weeks from the date of receipt of W.P.C. No. 23002 of 2014 -3-
a coy of this judgment. The proceedings shall be finalized by the CGRF within one month thereafter. The concerned respondent shall take necessary steps to cause the defect cured with regard to the meter, if any, in respect of the cause for lesser recording of energy, within 'two weeks' from the date of receipt of a copy of this judgment. Interim order will continue for two months.
The writ petition is disposed of. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.
P.R. RAMACHANDRA MENON, JUDGE.
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