DEPUTY ENGINEER Vs. NATUBHAI MANJIBHAI MAKWANA

JUDGEMENT

(1.) Challenge in this petition at the hands of the Electricity Company is to the order of the appellate authority under sec. 127 of the Electricity Act dtd. 3/9/2016.

(2.) Briefly stated, the facts indicate that it is the case of the petitioner electricity company that though respondent no. 1 was having a contracted load of 6.5KW as NRGP connection, when the premises was checked it was found that there was usage of 56.164 KW. In other words, excess power to the extent of 49.664 KW was being used by the respondent no. 1 in exercise of powers under Sec. 126 of the Electricity Act. The respondent no. 1 was issued the supplementary bill of Rs.1,61,002.41 ps. The respondent no. 1 filed an appeal under Sec. 127 of the Act before the appellate authority which set aside the appeal on the ground which was not even an issue before the original authority. Considering sec. 4 .76 of the Gujarat Electricity Regulatory Commission (Electricity Supply Code and Related Matters) Regulations, 2015, the appellate authority observed that since the electricity company had not given prior notice of 30 days, the appeal was set aside.

(3.) Mr. Parthiv Shah, learned advocate appearing for respondent no. 1 would submit that several contentions were raised before the original authority as is evident from the submissions which have been set out in the order dtd. 31/3/2016 but not considered.