SUNDERDAS P Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Petitioner is the Managing Director of a private limited company which has an electrical connection. It is the case of the petitioner that the petitioner has been correctly paying the electrical charges and there was no amount outstanding. There was an inspection at the premises of the petitioner on 29/11/2008 and he was called upon vide Ext. P1 to replace the capacitor which was complied with. He was called upon to pay Rs.9,04,629/-, it is stated, on the basis that the Electricity Board had been giving bills to the petitioner from September, 2005 to October, 2008 taking the multiplication factor as 20 instead of 40. It is stated that the petitioner requested the 2nd respondent to allow him to pay the current charges in 50 instalments as the amount was so huge. It is stated that the petitioner also requested in writing to grant a copy of the calculation of the assessment made. He was served with Ext. P2. Along with Ext. 2, the petitioner has also been given the calculation statement. It is stated that it was only when Ext. P3 was issued the petitioner came to know that the Board has imposed surcharge on the amounts which are allegedly due not because of any fault of the petitioner but due to a wrong calculation. The petitioner paid the amount under protest, it is stated, the amount which fell due on 15/12/2008. The total surcharge levied on the petitioner is Rs.1,56,050/-.

(2.) The prayers are to quash the imposition of surcharge in Ext. P3 and to declare that the 2nd respondent is not entitled to recover the amount under Ext. P3 in view of S.56(2) of the Electricity Act, 2003, or, in the alternative, to allow the petitioner to pay the amounts for consumption of electricity as shown in Ext. P2 granting 50 instalments excluding the surcharge.

(3.) Counter affidavit is filed wherein it is, inter alia, stated as follows.