SATYAM CASTING PVT LTD Vs. CESCO

JUDGEMENT

(1.) This is an original case.2. The complainant is the director of a Private Limited Company registered as a large scale industry and engaged in manufacturing/production of finished products of cast iron. For running the industry the complainant has taken power connection from the Cesco authorities to his industrial unit at Ghoudwar with a contract demand of 2350 KVA vide Consumer No. MT-70. On 2.8.2003 during night hours there was an accident of explosion for which the meter got damaged. Though it was the responsibility of the authorities to instal the new meter immediately instead of doing that they installed a new meter on 27.9.2003 and for the period under reference in violation of the regulation they charged illegally and imposed by way of penalty a sum of Rs.43,00,000/- and odd. The complainant challenges the said bill as illegally and arbitrarily raised.

(2.) The Cesco authorit ies justified their calculation by taking stand in the written version that when the power supply was disrupted the complainant had agreed in writing that he was willing to pay the additional energy charges that would be found from the Gridco meter and the check meter installed by them. It is their case that they accordingly calculated the energy bill.

(3.) Heard Mr. L. Misra, the learned Counsel for the complainant and Mr. B. K. Nayak, the learned Counsel for the opposite parties. Perused the materials on record. Admittedly the meter accidentally was damaged on 2.8.2003. The letter of the S. D. O. date 3.8.2003 addressed to the complainant indicates that the metering unit inside the factory premises was damages and power supply disrupted since 12.30 mid-night of 2.8.2003 and that it was not possible to supply power from 33 KV without metering arrangement. As such there was discontinuance from 33 KV power supply to his premises and gave out further that after due investigation by the higher authorities power supply would be resumed with proper metering arrangement. Admittedly nothing was done immediately but it is the admitted case that the meter was installed on 27.9.2003.