Vikas Gupta v. Punjab State Power Corporation Limited And Others
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As per the scheme of the provisions of Section 126 of the Act, in case it is found in inspection that the consumer is indulging in unauthorised use of electricity then the Corporation can assess provisionally, to the best of its judgment, the electricity charges payable by the consumer. The Provisional assessment order has to be served upon the person who is in occupation and possession or is in-charge of the premises. After service of the provisional assessment order, the consumer is to be afforded an opportunity to file objection, if any. In case, objections are filed, then the objections are to be decided by the competent authority by affording an opportunity of hearing. Once the final assessment order is passed, the right of appeal is also provided under Section 127 of the Act.
Section 126(6)(b) of the Act also deals with the definition of unauthorised use of electricity. In the present case, the respondents have alleged that petitioner has been found indulging in unauthorised use of electricity because the petitioner has been found using the electricity for the purpose for which it was not authorised, meaning thereby, the electricity connection was given to the petitioner for industrial purposes but it was found using it for commercial purposes. Be that as it may.
routine which the petitioner had to pay because otherwise the medicine stored by the petitioner in the warehouse would have been destroyed. The respondent ultimately found that final assessment order has to be passed and as such it was passed when the appeal of the petitioner was pending before the Appellate Authority but the Appellate Authority instead of taking into account this fact that the final assessment order has been passed without affording an opportunity of hearing, dismissed the appeal also on the ground that now the final assessment order has been passed. To my mind, the entire exercise on the part of the respondents is contrary to the provisions of Section 126 of the Act and, therefore, I am of the considered opinion that the final assessment order dated 19.02.
2015 and the appellate order are patently erroneous and is hereby set aside. As a result thereof, the matter is remanded back to the respondents to take into consideration the objection filed by the petitioner on 24.11.2012 (attached as Annexure P.4) and after affording an opportunity of hearing to the petitioner in terms of Section 126(3) of the Act and pass the order of the final assessment, if so, advised. In case any such order is passed by the respondent against the petitioner, on assessing the unauthorised use of electricity, finally, the petitioner would be at liberty to file the appeal against that order in terms of Section 127 of the Act.
The sundry charges, which the petitioner had already paid repeatedly shall be adjusted by the respondent in the future bills of the petitioner towards the normal consumption of the electricity." 12.
Finally, this Court is also not able to find out any reason in the impugned order for penalizing the petitioner # #(*/ *& ,*&:
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