Gujarat HC: Electricity Bill ought to be issued to the Consumers as per the Formula Prescribed, Administrative Authorities to Rectify their Mistake

Must Read

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA)....

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence...

Follow us

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.

Arguments

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=”http://libertatem.in/wp-content/uploads/2020/01/SCA84252016_GJHC240469652016_3_08012020_watermark.pdf” download=”Download Judgement PDF” width=”100%” height=”900″]


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google NewsInstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

Bombay High Court Pursues Case Alleging Media Trial, Says NBSA Guidelines Must Be Toothed by Centre

Amid the pleas alleging media trials, the Division Bench had been hearing submissions of the News Broadcasters’ Authority (NBA). It prayed that severe restrictions...

Himachal Pradesh High Court Supports Promotion Based on Seniority of Post Rather Based on the Eligibility Test

In the case of Ramesh Chand Versus State of Himachal Pradesh & Others, the petitioner, reached the court as he was aggrieved by the...

NCDRC Dismisses PIL against Urologist, Holy Family Hospital, Says Mode Of Treatment Or Skill Differs From Doctor To Doctor

The National Consumer Dispute Redressal Commission (NCDRC) dismissed a petition against Holy Family Hospital and a Urologist, alleging negligence in diagnosing the septicemia and...

Himachal Pradesh High Court Disposes Suit for Possession and Permanent Prohibitory Injunction Due To Mutual Consent

In the case of Parveen Kumar vs Smt. Vijay Laxmi and Ors, the Petitioner, Parveen had filed a suit for declaration, possession and a permanent prohibitory...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals...

Madhya Pradesh High Court Rules That Export Ban on N95 Masks & PPE Kits Does Not Violate Fundamental Right of Traders

The Madhya Pradesh High Court held that the formulation and regulation of trade policies were within the subjects of the Central Government. Any reasonable...

Delhi High Court Issues Notice To Two Pleas Filed Praying for Recognition of Same-Sex Marriage

The Court heard two writ petitions which urged that the Special Marriage Act and the Foreign Marriage Act be interpreted to also apply to...

More Articles Like This

- Advertisement -