SADASHIV CASTINGS LTD Vs. OMBUDSMAN ELECTRICITY PUNJAB

JUDGEMENT

(1.) PETITIONER has filed this writ petition to lay challenge to order dated 05.03.2008 (P -8), whereby respondent No. 2 has raised demand of Rs. 8,25,969/ -, towards penalty, from the petitioner. Further challenge is to the order dated 04.07.2008 (P -9), vide which respondent No. 1 dismissed appeal, filed by the petitioner.

(2.) IN the month of October/November 2006, use of electricity by the petitioner, during prohibited period (Peak Load Hours) and weekly off days, was detected, after looking into printouts, downloaded from electric meter, installed in the premises of the petitioner. Notice was issued to the petitioner, to pay penalty, as per Rules. On request made by the petitioner, detail, regarding misuse and amount claimed, was furnished. Against demand raised, petitioner went to Zonal Level Disputes Settlement Committee at Patiala. Their representation was rejected. Petitioner approached Electricity Grievances Redressal Forum at Patiala and vide order dated 19.12.2007, taking note of wrong calculations, in determining amount of penalty, appeal, filed by the petitioner, was partly allowed and the respondent No. 2 was directed to recalculate amount claimed from the petitioner. Thereafter, the petitioner received notice dated 05.03.2008 (P -8), for payment of an amount of Rs. Rs. 8,25,969/ -. In the meantime, petitioner also filed an appeal before respondent No. 1, which was dismissed, vide order dated 04.07.2008 (P -9).

(3.) IT has come on record that fixing of Peak Load Hours was intimated by respondent No. 2, to the consumers, vide notice dated 06.07.2006 (P -3). Vide notice mentioned above, the CS consumers were intimated that they should observe Peak Load Hours restriction between 19.30 P.M. To 04.30 A.M. Before the Forums below and in this Court also, it is primary grievance of the petitioner that notice Annexure P -3 was not received by it. Respondent No. 2 rejected contention raised by the petitioner, by observing as under : -