AMIT JHANJI Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS order will dispose of First Appeal No. 987 of 2005 as also First Appeal No. 988 of 2005 as both these appeals have been filed against the common order of the District Forum, Fatehgarh Sahib dated 4.7.2005.

(2.) IN both these cases, demand was raised against the complainant by the Punjab State Electricity Board. The demand included the electricity charges on the basis of NRS tariff instead of DS tariff. The electricity connection of the complainant is domestic connection. The case of the Electricity Board was that the staff of the PSEB had checked the electricity connection and it was found that the electricity supply was being used for commercial purpose (Karyana Shop) and even the load was more than the sanctioned load. However, no notice was issued to the complainant apprising him of the material on the basis of which the DS tariff was sought to be converted into NRS tariff. (It may be observed here that the demand also included sundry charges.) Even along with the demand, the material on the basis of which the demand was raised by converting the DS tariff into NRS tariff was not attached. In other words, the report of the official of the PSEB regarding the alleged misuse of the electricity supply or any other material was not attached with the demand notice. In our view, this would be violation of the principles of natural justice. After all, the consumer must know as to what is the material against him, on the basis of which the Electricity Board, is acting to convert the tariff from DS into NRS . If any show -cause notice is issued or at least the material on the basis of which the demand is raised, is attached with the demand notice, the consumer has the opportunity to satisfy the PSEB authorities that the demand is not legally well based.

(3.) AFTER hearing the learned Counsel for the parties, we are of the view that these appeals deserve to be allowed. We order accordingly. The impugned demand notices issued by the PSEB against the appellant -complainant are hereby quashed. However, the PSEB would be at liberty to proceed afresh in accordance with law keeping in view the observations made above. There will be no order as to costs.