THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION No.38895 of 2014 Dated: 18.12.2014 Between:
Koka Rajeev .. Petitioner and The Southern Power Distribution Company of Telangana Limited, rep. by the M.D. and Chairman and others.
.. Respondents Counsel for the petitioner: Mr. J.C. Francis The court made the following:
ORDER:
This writ petition is filed questioning the action of the respondents in demanding the petitioner to pay the entire amount of Rs.3,79,828/-, which was provisionally assessed as the value of the energy allegedly stolen by the petitioner, under proceedings in Lr.No.ADE/OP/PTC/F.No./D.No.2624 dated 02.12.2014 of respondent No.2.
Respondent No.2, who made the provisional assessment under the above- mentioned proceedings, has also informed the petitioner that he may approach the SHO, Vigilance & APTS Team, Medak, for payment of compounding fee of Rs.27,000/- for closure of criminal case as first offence under Section 154 of the Electricity Act, 2003 (for short ‘the Act’).
At the hearing, it is submitted by Mr. J.C. Francis, learned counsel for the petitioner, that though the petitioner is willing to pay the compounding fees, the same is not being accepted unless the petitioner has paid the provisional assessment demanded under the provisional assessment notice.
Under Section 152 of the Act, a consumer has a right to seek compounding of offence, which is unconnected with the civil liability. Therefore, the respondents cannot link up the petitioner’s request for compounding the offence with his civil liability. In this view of the matter, the respondents are directed to accept the petitioner’s offer for compounding the offence without insisting on proof of payment of any part of the provisional assessment amount.
So far as the demand for payment of the entire provisional assessment is concerned, having regard to the facts and circumstances of the case, I consider that balance of interests can be maintained if the petitioner is permitted to pay 50% of the provisional assessment amount. On such payment, the respondents shall restore power supply to the petitioner’s service connection. The respondents are also directed to refer the issue relating to the petitioner’s civil liability to the Special Court under Section 154(5) of the Act within one month from the date of payment by the petitioner. Till determination of the petitioner’s civil liability, the respondents shall not disconnect the power supply to the petitioner’s service connection for non-payment of the balance amount under the impugned provisional assessment notice.
Subject to the above directions, the writ petition is disposed of.
As a sequel to the disposal of the writ petition, W.P.M.P.No.48728 of 2014 shall stand disposed of as infructuous.
C.V. NAGARJUNA REDDY, J 18th December, 2014 IBL