Rakesh Rubber Industries vs M.C.D.
1993 Latest Caselaw 474 Del

JUDGMENT

Mr. Arun B. Saharya, J.

1. The petitioner is a consumer of electricity in the Small Industrial Power (SIP) category. He is aggrieved by the respondent issuing a notice dated 23rd of March 1992, on the basis of an alleged inspection

report, proposing to revise its bills for consumption of electricity at the higher tariff rates applicable to Largo Industrial Power (LIP) users and to levy misuse charges for alleged subletting of electricity supply, with retrospective effect for the last three years, and, at the same time, raising bills for consumption of electricity at the higher tariff rates, including misuse charges, without giving to the petitioner an opportunity of personal hearing to explain its case.

2. The controversy is squarely covered by a Division Bench judgment dated April 10, 1991 in Civil Writ No. 669 of 1990. We see no reason why the respondent should not apply that judgment to all cases, like the present one, where the liability of a SIP consumer to be re-classified and billed on higher tariff as LIP user, or the liability of a consumer to pay penalty for alleged misuse of electricity is disputed.

3. Following the aforesaid Division Bench judgment, we quash the impugned bills and direct the respondents to give to the petitioner an opportunity to be heard and then to take a decision on the matter in accordance with law, before proceeding to raise any bill for misuse charges or for consumption of electricity at the higher rates on LIP basis.

4. No further directions can be given in this writ petition. It is, accordingly, disposed of. No costs.