M/S.Dlf Home Developers v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31-01-2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WP No.6134 of 2016 And WMP Nos.5473 and 5474 of 2016 DLF Home Developers Ltd., having Registered Office at DLF Centre, Sansad Marg, New Delhi - 110 017 and Zonal Office at No.268, Poonamallee High Road, Kilpauk, Chennai - 10.
(Petitioner's name substituted vide order of Court made in WMP No.26757 of 2016 dated 13.03.2018) ..Petitioner vs.
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Chennai South Electricity Distribution Circle, Tamil Nadu Electricity Board, No.1, Anna Main Road, K.K.Nagar, Chennai - 600 078.
..Respondents Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records pertaining to the proceedings of the second respondent bearing Lr.No.SE/ CEDC/S/DFC/AAO/HT/AS/AS6/F.731/D.831/2015 dated 31.12.2015 and quash the same.
For Petitioner : Mr.Jayesh B.Dolia for M/s.Aiyar and Dolia For Respondents: Mr.L.Jai Venkatesh, Standing Counsel for TANGEDCO.
O R D E R
The revised demand raised for the defecitve meter during a particular period in proceedings dated 31.12.2015, is under challenge in the present writ petition.
2.The petitioner-Company is having Electricity Service Connection and received the monthly current consumption invoice from the repsondent-Board. They have received the revised billing to the meter for a defective period. The Authorities Competent, while inspecting the premises, found that the meter installed in the petitioner's premises was defective and for the defective period from 27.04.2015 to 02.06.2015 and was issued revised billing as per Tamil Nadu Electricity Supply Code under Clause11 (2), the impugned bills contain break up details regarding the consumption and the charges levied. In respect of such demand made, the High Court cannot adjudicate the issues with reference to the documents and evidences in original. 3.
The Tamil Nadu Electricity Supply Code provides redressal grievance mechanism and as per Clause 18 of the Supply Code, the petitioner has to approach the Consumer Grievances Redressal Forum by following the procedures. Therefore, the petitioner has to approach the Forum Competent for the purpose of effective adjudication of the disputes between the parties. In the event of filing any such application before the Forum, the period during which the writ petition was pending before the High Court is to be taken into consideration for the purpose of condoning the delay, if any and the issues are to be adjudicated on merits and in accordance with law and as expeditiously as possible. 4.With the abvoesaid observations, the writ petition stands disposed of. However, there shall be no order as to costs.
Consequently, the connected miscellaneous petitions are closed.
1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer, Chennai South Electricity Distribution Circle, Tamil Nadu Electricity Board, No.1, Anna Main Road, K.K.Nagar, Chennai - 600 078.
+1cc to Mr.Aiyar and Dolia, Advocate, S.R.No.6107 +1cc to Mr.L.Jaivenkatesh, Advocate, S.R.No.5861 WP 6134 of 2016 MT(CO) RGA(18/02/2022)