MADHYA GUJARAT VIJLI CO. LTD. Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) Rule returnable forthwith. Mr. Rohan Shah, learned advocate appearing for respondent - Appellate Authority and Electrical Inspector waives service of notice of rule. Though served, none appears for respondent no. 2 in Special Civil Application No. 9035 of 2018 and though served, none appears for respondent no. 1 in Special Civil Application No. 11589 of 2018. Heard Mr. Maulik Nanavati, learned advocate for the petitioner - Electricity Company and Mr. Rohan Shah, learned AGP for respondent - Appellate Authority and Electrical Inspector.

(2.) Challenge in these petitions is to the orders dtd. 29/1/2018 and 17/4/2018 passed by the Appellate Authority & Electrical Inspector, Division Office, Nadiad under Sec. 127 of the Electricity Act, 2003.

(3.) The facts of Special Civil Application No. 9035 of 2018 indicate that it is the case of the petitioner electricity company that though respondent no. 2 was having a sanctioned limit of 25 KW, when the premises was checked on 25/5/2017, it was found that the respondent no. 2 was using 91.214 KW and therefore was in excess of the sanctioned load limits by 66.214 KW from the NRGP connection. The respondent no. 2 was issued a provisional bill of Rs.3,59,913.89 ps on 30/5/2017. An opportunity of hearing was given to the respondent no. 2 to file his objections and after considering the same, the petitioner company issued the final supplementary bill of Rs.3,59,913.89 on 16/6/2017. The respondent consumer filed an appeal under Sec. 127 of the Act before the appellate authority after deposit of 50% of assessment amount. The appellate authority allowed the appeal on the ground that in light of Sec. 4.95 of the Supply Code, 2015, the assessment was not in accordance with Sec. 4.95.