FORTUNE VALLEY OWNERS WELFARE ASSOCIATION Vs. BANGALORE ELECTRICITY SUPPLY; ASSISTANT EXECUTIVE ENGINEER

JUDGEMENT

(1.) M/S. Fortune Valley Owners Welfare Association, the petitioner, has challenged the demand notice dated 11-9-2014, whereby the respondents, the Bangalore Electricity Supply Company Limited ('BESCOM', for short), has raised a demand for Rs.60,10,566/- as arrears for the period from 13-1-2004 to 6-9-2014. The petitioners have also challenged the confirmation order dated 5-11-2014, whereby the said demand was confirmed by BESCOM. The petitioners have also prayed that the electricity supply to the installation R.R.No.5ECLG31795 should be restored by the respondent.

(2.) Briefly the facts of the case are that the petitioner-Society is a registered society under the Societies Registration Act. It looks after the welfare of the owners of the residential sites formed in the Fortune Valley Residential Layout. The layout was raised by one M/s. Premium Construction Private Limited. The layout consists of not only apartments, but also of roads and facilities like club house, swimming pool, street lights, water supply and sanitation connection. According to the petitioner, there is an electricity connection R.R.No.5ECLG31795. The said electricity connection was taken by the developers on 24-6-1999. From 1999 till 2011, the said connection was in the name of the developer. It was only in 2011 that the petitioner had got the said electricity power connection transferred in its name. The petitioner claims that ever since 2011, it had been paying the bills on monthly basis.

(3.) To the utter shock and dismay of the petitioner, it received a demand notice dated 11-9-2015, wherein as mentioned above, it has been asked to pay a total amount of Rs.60,10,566/- as the difference in billing amount due from the petitioner, for the period 10-1-2004 to 6-9-2014. According to the demand notice, without applying the CT ratio, the electricity bill was incorrectly sent by BESCOM to the petitioner for the period from 10-1-2004 to 6-9-2014. Having realised the mistake, the BESCOM demanded the above mentioned amount to be paid by the petitioner. By letter dated 29-9-2014, the petitioner requested that certain documents should be furnished by the respondents to it. Subsequently, the petitioner also submitted its objections before BESCOM. However, by confirmation order dated 5-11-2014, the respondents have confirmed their demand notice dated 11-9-2014. Hence, these petitions before this Court.