Bhikchand Badrinarayan Sharma v. Chief Divisional Officer And ORS.
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION No. 3734 OF 2017 Bhikchand Badrinarayan Sharma ...
Petitioner Vs.
Chief Divisional Officer, Mahavitaran and Ors.
...
Respondents *** Mr. Bhushan Ulhas Deshmukh, for the Petitioner. Mr. M. P. Wadhe, Executive Engineer, Chandwad - Present. *** CORAM : V. M. KANADE, & C. V. BHADANG, JJ.
DATE : MAY 2, 2017 PC.
1.
The grievance of the Petitioner is that an exorbitant electricity bill has been charged and he has been asked to deposit an amount of Rs. 27,700/-. It is further submitted that though he has made a representation to the Respondents, no action has been taken, nor hearing has been given to him. On the other hand, Mr. M. P. Wadhe, Executive Engineer appearing in person for the Respondents has submitted that after verification, they reduced the said amount from Rs. 27,700/- to Rs. 19,037/-. He further submitted that the 1 / 4
Respondents have been asking the Petitioner to come forward and meet them so that his grievance can be considered by the them. He submitted that however, the Petitioner never responded to the notice sent by them. He submitted that a fresh notice has been sent by the Respondents asking the Petitioner to remain present for hearing before the Grievance Cell on 5th May, 2017.
2.
In our view, since the Respondents have decided to hear the Petitioner on merits and consider his contention on 5th May, 2017 it is not necessary to give any further direction in this petition. However, as per the provisions of Section 56 of the Electricity Act, 2003, the electricity charges which are due from the licensee for six months should calculated on the basis of average charge for electricity paid by him during the preceding six months till the pendency of the dispute. Section 56 (1) (b) of the said Act reads as under: Section 56. (Disconnection of supply in default of payment): -- (1) Where any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from him to a licensee or the generating company in respect of supply, transmission or distribution or wheeling of electricity to him, the licensee or the generating company may, after giving not less than fifteen 2 / 4
clear days' notice in writing, to such person and without prejudice to his rights to recover such charge or other sum by suit, cut off the supply of electricity and for that purpose cut or disconnect any electric supply line or other works being the property of such licensee or the generating company through which electricity may have been supplied, transmitted, distributed or wheeled and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and reconnecting the supply, are paid, but no longer:
Provided that the supply of electricity shall not be cut off if such person deposits, under protest, - (a) an amount equal to the sum claimed from him, or "(b) the electricity charges due from him for each month calculated on the basis of average charge for electricity paid by him during the preceding six months, whichever is less, pending disposal of any dispute between him and the licensee."
3.
The Petitioner accordingly shall pay six months average charges of electricity paid by him during the preceding six months before the date of hearing i.e. 5th May, 2017. The Grievance Cell of 3 / 4
Respondents shall give hearing to the Petitioner and take a decision on merits and in accordance with law. In the meantime, the electricity which is disconnected shall be restored. All contentions raised by the Petitioner in this petition are kept open. The petition is accordingly disposed of.
Sd/- Sd/- [C. V. BHADANG, J.] [V. M. KANADE, J.] Vinayak Halemath 4 / 4