JUHU CONSUMERS STORES LTD Vs. ELECTRICAL INSPECTOR

JUDGEMENT

(1.) THE first petitioner is an electricity consumer having Consumer No. B55580404 and Meter Number 8107983. The petitioners raised a dispute in respect of certain electricity bills issued by the second respondent. According to the petitioner the meter in question was meant for six occupants in the first petitioner's premises and one of the occupants viz. Mohammed Ayaaz Adbdul Rehman has tampered with the meter. According to the petitioners the first petitioner cannot be held responsible for such tampering. The petitioners contend that their grievances ought to have been referred to the Electrical Inspector under Section 26(6) of the Act. The petitioners have also alleged that the signature obtained on a letter of acceptance on the basis of an express assurance that the 2nd respondent would look into the grievances of the petitioner. The petitioners have alleged that despite having made payment of nearly Rs.2,50,000/- out of disputed amount of Rs.2,86,000/-, the 2nd respondent has not cared to look into the grievances of the petitioners. The petitioners have also alleged that although the 2nd respondent has changed the meter pursuant to the complaint by the petitioners, even the new meter is defective.

(2.) IN reply it is submitted by the second respondent that the issue of tampering cannot be referred to Electrical Inspector under Section 26(6) of the Act. It is maintained that in fact the petitioners have accepted the bills and agreed to make the payments and, therefore, how it is not open for them to reagitate this issue in the present writ petition.

(3.) CERTIFIED copy is expedited.