N D P L Vs. ATUL JAIN

JUDGEMENT

(1.) Electricity bill, raised by the appellant on the basis of misuse charges inasmuch as that one of the first floor of the premises was being used as a departmental store though the electricity connection was obtained for domestic use was quashed vide impugned order dated 30.6.2005 solely on the ground that no show cause notice was served upon the respondent before levying the misuse charges nor an opportunity was given to the respondent to show cause.

(2.) Through this appeal the impugned order has been assailed mainly on the observation that the premises of the first floor were being used for departmental store but this fact itself was not sufficient to exempt the respondent from serving a show cause notice.

(3.) Since it is mandatory requirements of the law to issue a show cause notice to a consumer upon whom demand for misuse charges is raised so as to afford an opportunity to explain or to put up his version, the mere admission that the respondent that he had used the first floor for departmental store would not dispense with the statutory requirement. This admission if any was made during the pendency to the complaint and it is not certain and sure as from which period the premises were being used as a departmental store. Non-adherence of the mandatory requirements of law itself vitiates subsequent proceedings. In view of the aforesaid position of law, the only indulgence with the liberty we can show is to allow the appellant to serve with a show cause notice upon the respondent and raise fresh demand, if any. So far as the instant appeal is concerned, we do not find any merit and dismiss the same.