Dunlop India Limited v. The Chairman,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25-01-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP No.15988 of 2012 And MP Nos.1 to 3 of 2012 Dunlop India Limited, Represented by its Manager, 512, MTH Road, Ambattur, Chennai - 600 053.
...Petitioner
vs.
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, Chennai (West) Circle, 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, CEDC West, Thirumangalam, Chennai - 600 040.
3. The Deputy Financial Controller, Tamil Nadu Generation and Distribution Corporation Limited, Chennai Electricity Distribution Circle West, Thirumangalam, Chennai - 600 040.
...Respondents
Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, directing the respondent to call for the records in relation to the service connection of the petitioner bearing No.HT 1654 comprised in the CC Bills for the months of January and February 2012, security deposit as on 21.02.2012, on the file of the respondents and quash the same as illegal, incompetent and unconstitutional and further direct the respondents to refund the additional deposit to the petitioner.
For Petitioner : Mr.V.Raghavachari (Change of Vakalat Given) For Respondents: Mr.L.Jai Venkatesh, Standing Counsel for TANGEDCO.
O R D E R
The writ petition has been filed challenging the High Tension Bill for the month of February 2012.
2. The Electricity Bill relating to the consumption and other charges. The Bills are served to the consumers based on the consumption details and in accordance with the provisions of the Regulations.
3. In the event of any dispute in respect of charges demanded by the Board Authorities, the aggrieved person is bound to approach the Consumer Grievances Redressal Forum constituted under Clause 18 of the Tamil Nadu Electricity Supply Code. Such an adjudication of Bills requires scrutinisation of documents and evidences and the High Court cannot conduct such an adjudication for the purpose of resolving the issues.
4. The facts and circumstances pleaded in the present writ petition require a detailed enquiry and the original bill issued by the Electricity Board, cannot be adjudicated with reference to the disputes raised in the present writ petition. Thus, the petitioner is at liberty to approach the Consumer Grievances Redressal Forum, within a period of four weeks from the date of receipt of a copy of this order. In the event of filing any such application, the Consumer Grievances Redressal Forum shall consider the period, during which the writ petition was pending before the High Court, for the purpose of condoning the delay if any and adjudicate the issues on merits and in accordance with law, as expeditiously as possible.
5. With the abovesaid liberty, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar
To
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, Chennai (West) Circle, 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, CEDC West, Thirumangalam, Chennai - 600 040.
3. The Deputy Financial Controller, Tamil Nadu Generation and Distribution Corporation Limited, Chennai Electricity Distribution Circle West, Thirumangalam, Chennai - 600 040.
Copy to
1. The Consumer Grievances Redressal Forum Chennai
2. The Manager Dunlop India Limited 512, MTH Road Ambattur Chennai 600 053.
+1 CC to Mr.L.Jai Venkatesh, Advocate sr 4842. W.P.No.15988 of 2012 GPL(CO) SP(04/02/2022)