M/S Nahar Industrial Enterprises Ltd. v. Punjab State Power Corporation Ltd. And ANR.
!
" ## M/S NAHAR INDUSTRIAL ENTERPRISES LTD.
PUNJAB STATE POWER CORPORATION LTD. AND ANR.
$ %&$#'
(
'#) *****
! "
# $ %
&! "
# $ %
'''''
'#)+#,-./ 1.
%
% (
) $$ #
*+ , -. /
0 -12 (%34 %
%"#
"%3 $ $
%0#) 34%
( $ % $ 34%
%"
$
% 3 $
4( $ % $ ) $%(
$ 34%
5 6 $4 )) 7 % # $ %
% % ) $ %
# ) 4 ( #%# 34 % $$ $ %
-2- 83# 46 ! (% !
.
- -1. 3 $ ) $ --!-9!,+:(
%
- -1.
) %%)(
;% ) ( $ %#
$*)
%$ ) 4!-1* <#)3!-1* = ( # ))
#%
%" $%
$
% ) ) ! % # 4 4 % $# 4 $ %
( 3 #
# " $ % 3 " ) !%
$ "
%4-1.
;%) ($ % % $# #= # ! 83$ 8 #
#
*/*2 $%# 4 #!-1-"
1 * -1.
, ;%
%$!$ #
3$ % % $ # # = #
#% % ) $ %
% # " ! ((34% % $# #= #
- -11(%34%) 34%
# 46 ( %)(#
$"
$%
=( #%%)3 53!5% %%
(%)"
$% ()!% #% #
%"3 "
34%) " $% (! %
83# 46 $ (%
%(( %)() > ("!
#4 $% #
!%
# "$ )% # 46
) $ -1!-!*.:3
% " ) ;% ) ( 34 %
# 4 6 % ( - -11 ;% % 4
))
/ 2! < "
! % (" (% ) %# % % $# #= # $ $%#
-3- +
# %
( %
#
#
$ % # 4#
#
!%
%) $ --!-!*.:
$$ "
#
#
$ % # 4 4 % ) ;% %"43 3
%(
% )0# <
#
) -- -- -11 99+*, +.:,.-.:-9 -- -11 +!19!+.: - , -11, -91. 9,.:,*,:-1 , -11, !1.!++: -- , -119 -+*9+ -+:-*:-, , -119 --!!1.*: ;
-1!-!*.: 5.
The Chief Electrical Inspector reconsidered the issue after the order of remand and the award was allowed again in favour of the petitioner against which, a fresh Appeal No. 40 of 2005 was preferred by the respondents before the Appellate Authority i.e. the Commissioner (Appeals), Patiala on 11.03.2005. The matter was yet again remanded for a fresh/decision to the Chief Electrical Inspector vide order dated 29.03.2007. 6.
On consideration of the matter from the Chief Electrical Inspector passed an award on 11.12.2007 in favour of the petitioner holding that the respondents can raise a supplementary bill as excess demand charges for the period not exceeding six months and that any supplementary bill raised by the respondent the Electricity Department beyond the period of 06 months on its part was in violation of the instructions issued by the erstwhile Board. The respondents-distribution licensee again preferred an Appeal bearing MAB No. 30 of 2008 before the appellate authority. Vide order dated 02.04.2009, the said appeal was dismissed. It was held that the demand raised by the respondent the
-4Electricity Department on the average consumption during previous 06 months was perfectly legal. The award dated 11.02.2007 passed by the Chief Electrical Inspector was held valid.
7.
Thereafter, the respondent-distribution licensee challenge both the said orders before the High Court in CWP-7178 of 2013. The said petition was also dismissed vide order dated 30.05.2014. It was noticed by the High Court that the checking was done on 07.01.1987 and as per the instructions applicable to them, meter should have been replaced within a period of one month. As against the said statutory requirement, the meter was replaced only on 03.03.1989 i.e. after more than 25 months. Hence, they could not have levied the surcharge to cover up their own wrong and burden the consumer with the liability of the delay caused by them in not adhering to the schedule prescribed under the statute. After passing of the above said order, the respondents recalculated the amount and determined the demand at Rs.
11,15,342/- for the period from July 1986 to December, 1986. Since the petitioner had already deposited an amount of Rs.19,81,627/-, which was much above the amount that the petitioner was liable to pay, hence, the petitioner was to be given benefit of Rs.8,66,285/- alongwith interest as prescribed under the Regulations. The petitioner claims that he is entitled to interest @ 15% p.a. on the excess amount deposited by him as per regulation 35 of the Electricity Supply Code, 2007. The said demand was accordingly raised by the petitioner from the respondent. The petitioner submitted numerous reminders and representations for being given the refund of Rs. 8,66,285/- alongwith interest thereupon, however, the respondents only refunded principal amount but did not extend the benefit of the interest.
The same is now subject matter of a fresh grievance. As request of the petitioner was not being determined, Civil Writ Petition No. 23707-2016 titled as "M/s Nahar Industries Enterprises Ltd.
-5Punjab State Power Corporation Ltd. " was filed by the petitioner claiming interest @ 18% p.a. on the excess amount deposited by him, from the date of its deposit till its final adjustment/refund. The said writ petition came up for hearing on 17.11.2016 when the above said writ petition was disposed of after noticing the contention of the petitioner and by directing respondent No.2PSPCL to look into the matter and to consider the grievance of the petitioner raised in the his representation dated 24.05.2016 and takes a decision thereupon. Pursuant to the above direction, impugned order passed has been passed by the respondents on 20.03.2017 as per which they have held that the petitioner is not entitled to the interest from the date of deposit and instead the interest is payable to the petitioner w.e.f. 13.05.2014 i.e. when the writ petition filed by the petitioner was dismissed.
8.
Counsel contends that the said order suffers from the misappreciation of the statutory provision as contained in the Electricity Supply Code, 2007. Attention is drawn to Regulation 35 which is extracted as hereinafter below:- "35. Disputed electricity bills 35.1:- A consumer will effect full payment of the billed amount even if it is disputed failing which the Licensee may initiate action treating it as a case of non- payment. Provided that no action will be initiated if such a consumer deposits, under protest, (a) an amount equal to the sum claimed from him, or (b) the electricity charges for each month calculated on the basis of average charge for electricity paid by him during the preceding six months, whichever is less, pending disposal of any dispute between him and the Licensee.
35.2 Notwithstanding anything contained in any other law for the time being in force, no sum due from any
-6consumer, under this Regulation shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied.
35.3 The Licensee will after the receipt of a complaint from a consumer in its notified office, decide on the billing dispute within twenty four hours if no additional information is required and within seven days if additional information is required.
35.4 if on examination of a complaint, the Licensee finds a bill to be erroneous, a revised bill will be issued to the consumer indicating a revised due date of payment, which will not be earlier than seven days from the date of delivery of the revised bill to the consumer. If the amount paid by the consumer under Regulation 35.1 is in excess of the revised bill, such excess amount will be refunded through adjustment first against any outstanding amount due to the Licensee and then against the amount becoming due to the Licensee immediately thereafter. The Licensee will pay to such consumer interest on the excess amount at twice the SBI's Short Term PLR prevalent on first of April of the relevant year from the date of payment till such time the excess amount is adjusted. xxxxxxxx 36.
-7SBI's Short Term PLR prevalent on first of April of the relevant year, through adjustment in the electricity bills of the immediately succeeding months."
$
% 3 "! % %
% 3 ) 0#) $
#
#
$%# 44!%$ % %8) % 3) ,9 +
%
% 0# ) ( # % 6=?% ;)5"
$ $ $%" 4$ ) % $ #% ) % 0# ) 8 > %
%%
,9 + "
) ( $ $4)
( $ %(% 4
# )
% =
% %% ) ($
#
# 44 !.
-
3%$ $ %
! % ("!
% %
#
# ) % 3 $ $
% 0#) ( $ $#%
#%) (4 3 )
%)(38 # ;% ) $%
0# ) ( 3# )
4 (% % ) )
30#(% #%" ## 34%# ) -- = %" % #
3%$ $ % # " %"
% %% #)
% % (
%
,9 $%# 44
!.
- =$ $
)4$
) ( %% ) " # 34%# $ %
%% 3 4 4
) $
-8-
,9 +( # )) #( %$$#$ )% $8 #
$%
$%
#4% (%% ) $%
% $( #%6=?% ;)5 "
$ $ @$ ) % $ 4) ? #% ) % 0#) 8 = #$ )
%%) #3( %$$#$ ) $ $#%4) ;% #4
$
%
0)
$ )% 3 4!(%%
%"# # ) (% #%%
)(
3 4 =$#%#
$%
3##! ( ) "
) ) "
( 3 )
$ % 4 "
34 #
$
3 $ ! (% #% (
"
3#
$
$"
$% 3
# $ %
$ #
$ % # 4 $ )! -11. % # 4 #! ,! % < 3
# #
4 # #
) : $$ (% #% "34 ))
% 7 -,
4 ) 34 %
< 3
# ! (% #%
34 %
! 8 $
4 8)
%3 $)
$% "
#
3 %3 $ %
3
# ) " %0#) # "34%) 4 3 4$ #%
# #
% " % % % ##
$"
$
)
#%
$%
4 % $ ( ;%! % $
##
4#
-+ ;% ) , -./
0-12%34!
;%
# "%3 $ $
-9- 0#) 34%
( $ $#% 5% 8) 3# %) 33 $ 38 34 %
( %
$ $ )
% $ # $ # $ 4 $% -9
# % ) ( 34 %
% 4
# ) %3 4 "
! )% %8 # 4% 4$ #
)
)
$ #%
A 8 $ #
% "
A
) )
)
$% ;%) #
#4
4 %#
)3 $ % #
$ -!: ##
4 )
$ 83 (
5 ) $ $
4% 4 "
!(%
A 8 ## 4 5 % 3 " # 3 ( % > % 5 "
# )) %
%
# $ 3 " ;%(
##
4 ( ,(
'#)/ +
B%%
:
C: B%% 3 C: