DEPUTY ENGINEER Vs. PANKAJ G. PARIKH

JUDGEMENT

(1.) Heard Mr. S.P. Hasurkar, learned advocate for the petitioner and Mr. Sanjay Udhwani, learned AGP for respondent no. 2. Though served none appears for respondent no. 1.

(2.) Challenge in this petition, under Articles 226 and 227 of the Constitution of India, is to the order dtd. 8/6/2017 passed by the appellate authority under sec. 127 of the Electricity Act, 2003.

(3.) It is the case of the petitioner electricity company that though respondent no. 1 was having a contract demand of 29.5KW, when the premises was checked on 29/12/2016, it was found that the respondent no. 1 had connected 31.906 KW unauthorised connection load from the NRGP connection. The respondent no. 1 was issued the final supplementary bill of Rs.1,34,633.61 ps on 1/3/2017. The respondent no. 1 filed an appeal under Sec. 127 of the Act before the appellate authority after deposit of 50% of assessment amount. The appellate authority set aside the order on the ground that in light of sec. 4 .95 of the Supply Code, 2015, notice requires to be issued to the consumer and thereafter on assessment the amount has to be paid.