Court No. - 3
Case :- WRIT - C No. - 4254 of 2012 Petitioner :- M/S Golden Times Services Pvt. Ltd.
Respondent :- State Of U.P. And Others Counsel for Petitioner :- Ranjit Saxena,Deepak Saxena Counsel for Respondent :- C.S.C.,Amrit Lal Yadav,Baleshwar Chaturvedi,Rajesh Tripathi
Hon'ble Pankaj Kumar Jaiswal,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Ranjit Saxena, learned counsel for the petitioner, Sri Mata Prasad, learned counsel for the respondents and learned Standing Counsel for the State.
The petitioner, who is consumer of respondent no. 2, has filed the present writ petition challenging the electricity charges. The electricity connection of the petitioner was disconnected on 16.09.2005, thereafter, a demand, in respect of payment of another charges along with surcharge, was issued. According to the petitioner he did not receive any order of sanctioned bill for minimum charges, therefore, same could not be paid. Thereafter, under the Scheme of Corporation, the petitioner applied for one time settlement on 26.7.2011, for which it made a deposit of Rs. 1,000/-. In response thereto, the petitioner received a communication on 29.10.2011 fixing liability of Rs. 1,09,71,290/-, which was to be paid by the petitioner as per the installments fixed in the said communication. As the amount, which was directed, was not paid in installments, therefore, recovery notice was issued against the petitioner, which was challenged by filing the present writ petition before this Court and on 24.01.2012 an order was passed, by which the petitioner was directed to deposit the amount in 12 installments.
Learned counsel for the petitioner has submitted that all the installments, in terms of the order passed by this Court, were paid in time and the dispute is in respect of surcharge for which he prays some time may be granted to pay surcharge.
As per the agreement as well as under the provisions of the Electricity Act, 2003, the petitioner/consumer is liable to be surcharged, if there is delay in making payment. Therefore, we grant two months time to the petitioner to pay the amount of surcharge as per demand made by the respondents no. 2 and 3, failing which the respondents shall recover the same in accordance with law.
With the above observation and direction, the present writ petition is disposed of.
Order Date :- 22.2.2019 Ashish (Dr. Y.K. Srivastava, J.) (Pankaj Kumar Jaiswal, J.)