M.C.Vijayakumar v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.11.2021
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No. 18741 of 2019 and W.M.P.Nos.18088, 18090 & 18091 of 2019 M.C.Vijaykumar ... Petitioner Prop.of M/s.Sri Varu Aqua Parm Vs
1. The Superintending Engineer, Chennai Electricity Distribution Circle-North, No.791, Anna Salai, Electricity Avenue, Chennai - 600 002.
2. The Assistant Executive Engineer, 54, Bakthavachalam Street, Minjur,
3. The Assistant Engineer, Thirlavoyal Village, Ponneri Taluk, Thiruvallur District.
... Respondents Writ petition filed under Article 226 of the Constitution of India praying Writ of Certiorarified Mandamus, to call for the records pertaining to Service Connection No.009-025-496 and quash the levy of current consumption charges for a sum of Rs.3,26,046/- for the month of May, 2019 for Service Connection No.009-025-496 direct the respondents to properly calculate the current consumption charges pertaining to Service Connection No.009-025-496.
For Petitioner : M/s.M.Praveen Kumar For Respondents : Mr.L.Jai Venkatesh Government Advocate
O R D E R
The petitioner has filed this writ petition to call for the records pertaining to Service Connection No.009-025-496 and quash the levy of current consumption charges for a sum of Rs.3,26,046/- for the month of May, 2019 for Service Connection No.009-025-496 direct the respondents to properly calculate the current consumption charges pertaining to Service Connection No.009-025-496.
2. The case of the petitioner is that he is running a prawn culture farm under lease at Epranpuram village and the cultivating land is divided into three sections and each section is provided with 100 K.V. meter. However, the meter in C section bearing S.C.No.009-025-496 was not displaying and the same was indicated by the petitioner to the 3rd respondent through letter dated 08.04.2019. The petitioner received a message to pay current consumption charges of Rs.2,06,072/- for the period of 20.03.2019 to 30.0.2019 which is very high and exorbitant. Therefore, the petitioner wrote a letter dated 07.05.2019 to the Executive Engineer, Tondiarpet regarding the defective meter and the exorbitant levy of charges and the defective meter was replaced on 18.05.2019 and the defective one was sent to MRT at TNEB headquarters.
Thereafter, the petitioner received a message from the 2nd and 3rd respondent in the month of June 2019 to pay the entire due amount to avoid the disconnection and stated that after the rectification of the defective meter, any difference in charges can be adjusted in the subsequent months and thereafter, the petitioner had paid the current consumption charges of Rs.2,07,606/- pertaining to the period from 20.03.2019 to 30.04.2019. However, the petitioner received the bill for the month of May wherein again the charges were levied exorbitantly as Rs.3,26,046/-. Thereafter, the petitioner sent letter dated 11.06.2019 to the first respondent regarding the same and till date there was no response. Hence, this Writ Petition.
3. The learned counsel for the petitioner submitted that the petitioner has already intimated the respondents about the defective meter, however, the petitioner had paid the current consumption charges of Rs.2,07,606/- pertaining to the period from 20.03.2019 to 30.04.2019 and even after replacing the defective meter, levy of exorbitant current consumption charges is not acceptable. He further submitted that the current consumption charge for the previous year pertaining to the period from 20.03.2019 to 30.04.2019 is only Rs.64,234/-. Hence, he prays this Court to call for the records pertaining
to Service Connection No.009-025-496 and quash the levy of current consumption charges for a sum of Rs.3,26,046/- for the month of May, 2019.
4. The learned counsel for the respondent submitted that regarding the above said issue, the petitioner should approach the Consumer Grievance Redressal Forum under Section 18 of Supply Act and this writ petition is not maintainable. Hence, he pray this Court for the dismissal of the petition.
5. Heard the arguments advance on either side. 6.Considering the submissions made by the learned counsel for the respondent, there being a remedy available before the Consumer Grievance Redressal Forum under Section 18 of Supply Act, this Court directs the petitioner to pursue the remedy before the said forum in accordance with law and the prayer sought for in this writ petition cannot be granted.
7. Accordingly, this Writ petition is dismissed. However, liberty is granted to the petitioner to file appropriate petition before the Consumer Grievance Redressal Commission. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar skt To
1. The Superintending Engineer, Chennai Electricity Distribution Circle-North, No.791, Anna Salai, Electricity Avenue, Chennai - 600 002.
2. The Assistant Executive Engineer, 54, Bakthavachalam Street, Minjur,
3. The Assistant Engineer, Thirlavoyal Village, Ponneri Taluk, Thiruvallur District.
+1cc to M/s.M.Praveen Kumar, Advocate, S.R.No.62186 +1cc to Mr.L.Jai Venkatesh, Advocate, S.R.No.61648 W.P.No. 18741 of 2019 and W.M.P.Nos.18088, 18090 & 18091of 2019 PL[co] NSK 28/12/2021