S SREENIVASA KAMATH Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) EXT. P2 bill was issued to the petitioners deceased father, who was the then consumer of Consumer No. 6484, demanding an amount of Rs. 67,611, being the escaped assessment for the period from 2/11/95 to 5/5/98. The amount was to be paid before 11/12/98. In O. P. No. 233/99, this Court granted a stay of the demand on condition that the petitioner remits 1/3rd of the amount. It is stated that in compliance with the said order, Rs. 22,534/ was remitted by the petitioner on 6/1/99. The aforesaid original petition was disposed of by Ext. P3 judgment relegating the parties to file appeal as provided under the conditions of Supply of Electrical Energy.

(2.) THE appeal was filed and by Ext. P5 order dated 26/8/03, Ext. P2 was confirmed. Following Ext. P5, on 23/10/2003, respondents issued Ext. P6 demanding an amount of Rs. 66,711 along with Rs. 81,120 towards surcharge. Petitioner submits that as 1/3rd of the amount was already paid, the balance due under ext. P2 bill was paid by them on 10/11/2003. In this writ petition filed challenging Ext. P6, the main dispute is regarding the demand for surcharge. According to the petitioner such levy of surcharges is impermissible in so far as residential supply is concerned.

(3.) STANDING counsel for the respondent Board submits that what was demanded in Ext. P6 was wrongly shown as surcharge, but actually it represents interest that is payable by a defaulter at the rates as provided in the conditions of Supply of Electrical Energy. It is stated that at the relevant point of time, interest was leviable at 24% and that it is presently 17%.