Neeta Bajaj v. Punjab State Power Corp Ltd & ORS
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CWP-1460-2014 (O & M) Date of decision: 29.08.2017 Neeta Bajaj ....Petitioner V/s Punjab State Power Corporation Ltd. and ors.
...Respondent(s)
CORAM:
HON'BLE MR. JUSTICE RAJAN GUPTA
Present:
Mr. C.S. Singla, Advocate, for the petitioner. Mr. Vikas Chatrath, Advocate, for respondents No.1 and 2. Ms. Amandeep Kaur, Advocate, for Mr. Ramesh Sharma, Advocate, for respondent No.3.
***** Rajan Gupta, J. (Oral) Petitioner has sought a writ in the nature of certiorari for quashing the bill/demand notice, Annexure P-10, whereby she has been directed to pay an amount of Rs.2,19,194/- for consumption of electricity being owner of a flat in Sohi Builder & Developers Gobind Vihar, Baltana. Plea of the petitioner is that she purchased a flat on January 30, 2011 from Sohi Builders and paid the entire amount. A registered sale deed was also executed. She was surprised when she received a demand notice for Rs. 2,19,194/- from the Electricity Department asking her to pay for consumption of electricity even for the period prior to purchase. She asserts that the authorities of the Corporation are acting in collusion with the private builders. This plea is refuted in the reply filed by the Corporation. Sukhpreet Kaur 2017.09.06 10:37 I attest to the accuracy and integrity of this document
CWP-1460-2014 (O & M) ::2::
Keeping in view the plea taken by the petitioner before this court, it appears that the issue needs consideration by the authority, which issued the bill/demand notice, Annexure P-10. It was incumbent upon the authority-concerned-Sub Divisional Office to ascertain whether demand could be raised for a period prior to purchase of a flat by the consumer. Under these circumstances, the bill/demand notice, Annexure P-10, is hereby quashed. The concerned authority shall be at liberty to examine the issue in light of observations made by this court and decide afresh.
Allowed in these terms.
(RAJAN GUPTA) August 29, 2017 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sukhpreet Kaur 2017.09.06 10:37 I attest to the accuracy and integrity of this document