PURANI TEXTILES PRIVATE LTD. Vs. TAMIL NADU OMBUDSMAN

JUDGEMENT

(1.) The instant writ petition challenges the order of the Tamil Nadu Electricity Ombudsman dtd. 7/6/2007 in O.P. 4 of 2007, which upheld the order dtd. 15/3/2007, by which the Superintending Engineer, Coimbatore Electricity Distribution Circle (South), Coimbatore-12, rejected the application for waiver of penalty for exceeding the maximum demand for the month of August 2006.

(2.) The petitioner Purani Textiles is having a High Tension Service connection No. 207. The petitioner has a sanctioned demand of 450 KVA. The petitioner states that there are frequent interruptions in power supply on 11/8/2006 between 11.30 AM to 1200 Noon. The petitioner claims that though the petitioner had not used any load, the demand as shown in the meter was nearly 620.64 KW. The petitioner states that this shooting up of demand was not due to any fault of the petitioner. The Superintending Engineer, Coimbatore Electricity Distribution Circle (South), i.e., 3rd respondent imposed maximum demand charges of Rs.2,96,286.00 and directed the petitioner to pay the said amount. The petitioner approached the Electricity Board for waiver of the maximum demand charges.

(3.) There was a recommendation to waive the levy of the highest maximum demand charges. The Consumer Grievance Redressal Forum, in a meeting was held on 25/11/2006. The recommendation of the forum was placed along with the representation of the petitioner before the appropriate authority Tamil Nadu Electricity Board, which rejected the request for waiver by passing the following order:-