LAWS(KAR)-2017-8-96

BALAJI AGRO INDUSTRIES Vs. MANAGING DIRECTOR, GESCOM, KALABURAGI

Decided On August 07, 2017
Balaji Agro Industries Appellant
V/S
Managing Director, Gescom, Kalaburagi Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) The petitioner is before this Court being aggrieved by the demand notice dated 21.06.2017 marked at Annexure-L to the writ petition. That the petitioner is an Agro based industry carrying on its activities at Chicksugur Industrial Growth Center, Raichur and for the power supply, the respondents have installed meter bearing No.HTR-153 with sanctioned load of 120 KVA. That on the written request of the consumer i.e., the petitioner herein, the load capacity was enhanced to 200 KVA. The enhancement was done with effect from 23.11.2009 and in this regard a contract also came to be executed by the petitioner which is produced at Annexure R1 with the statement of objections. From the said date of installation, the petitioner was classified as a HT-2(A) consumer and as per the terms of the contract, he was required to pay meter rates on a constant of MC-200.

(3.) It is submitted by the learned counsel for the petitioner that on 21.01.2017, the petitioner was shocked to receive the demand notice claiming a sum of Rs.22,28,665/- and upon enquiry the petitioner was informed by the officer of the respondents' organisation that on account of miscalculation by the meter reader, the meter constant was calculated at a constant of MC 150 instead of the constant at MC 200 and that the mistake had commenced in August, 2012 and subsisted till December, 2016 and hence the present demand in view of the short claim on account of an account of an inadvertent act.