O MANGALAVINAYAGAM Vs. TAMIL NADU ELECTRICITY OMBUDSMAN

JUDGEMENT

(1.) The Writ Petition had been filed by O.Mangalavinayagam, a senior citizen aged 84 years at the time of filing of the Writ Petition in the year 2012, against the Tamil Nadu Electricity 'Ombudsman', the Executive Engineer / O&M, Chennai Electricity Distribution Circle/North, and the Chairman/Superintending Engineer, Chennai Electricity Distribution Circle/North, in the nature of Certiorarified Madamus, calling for the records of the first respondent with respect to his order dated 09.03.2012, in the Petition No.92 of 2011, and quash the same in so far as confirming the action of the second respondent in collecting charges of Rs.1,000/- for restoration of cheque facility with regard to the petitioner's Electricity Connection in S.C.No.071-006-09 and 071-006-2600 and direct the second respondent to refund the said sum of Rs.1,000/- to the petitioner.

(2.) In his affidavit, the petitioner, O.Mangalavinayagam, as stated that he had availed payment of Electricity Consumption charges through cheque for the bi-monthly current consumption. He had issued a cheque bearing No.984656, dated 03.04.2008, for Rs.500/- for the two service connections bearing No. 071-006-09 and 071-006-2600, on 03.04.2008. Even though, the account was alive, the State Bank of India, Jawahar Nagar Branch, had erroneously returned the cheque for the reason, 'Account Closed'. This was informed to the petitioner by the Assistant Engineer, O & M of the Electricity Board and the petitioner, to avoid further penal action was called to pay a sum of Rs.1,100/- which included Rs.600/- for banking and miscellaneous charges by 16.04.2008.

(3.) The petitioner claimed that he immediately paid by cash the amount demanded. The petitioner then took up the issue with his bank, and the banker also, realised their mistake and addressed the Superintendent Engineer, TNEB, on 13.08.2008 and clarified that the account of the petitioner bearing SB.No.10156202154 was alive and that the cheque was erroneously returned.