Facts of the Case
A petition under Article-226 of the Constitution of India, in the case of Deputy Engineer (O and M) vs Rashmik Nemchand Shah, was filed for challenging the judgment and order dated 28.12.2015 passed by the Assistant Electrical Inspector and Appellate Authority, of which a recent oral order dated 08.01.20, was passed. Priorly, upon an order, the Bill issued by Authority was modified to some extent considering the case of the Respondent in connection with usage pattern and the apparatus in connection with the Electricity Connection.
The Petitioners contended that the Electrical Inspector did not take into consideration the formula arrived at by the Electric Company in relation to the apparatus used by the Consumer through Electric connection. That an error was committed by Electrical Inspector in deducting the period of winter months from the days of consumption in the supplementary bill since it was thought that any cooling equipment (A.C.) wouldn’t be used by the consumers. Furthermore, it is not open for the Electrical Inspector to disturb such formula, especially when such formula is to be made applicable uniformly to all the consumers. On the Contrary, the Respondents contended, that the Electrical Inspector considered the grounds in the most genuine manner, as reflected in the impugned order when the respondent was able to establish by way of evidence the exact date from which the consumption of electricity had started for the purpose of Air Conditioner.
Decision of the Court
The Court opined that once such “standard formula is adopted by the Electric Company, which is arrived at by the Experts, all the parameters, which can be envisaged in day to day life of consumers, would also be included.” The court further said, that when there is no challenge, but such formula and units which are to be made applicable in the formula, the Court is not inclined to examine the correctness or incorrectness of such formula and the units. Considering the aforesaid, the directions issued by the “Appellate Authority in so far as the consumption of electricity by the installation of Air Conditioner, by deducting period, which falls during the winter season, will have to be rectified.”[googlepdf url=”https://libertatem.in/wp-content/uploads/2020/01/SCA84252016_GJHC240469652016_3_08012020_watermark.pdf” download=”Download Judgement PDF” width=”100%” height=”900″]
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