RAMSHANKAR GUPTA Vs. STATE
LAWS(ET)-2014-6-12
CENTRAL ELECTRICITY REGULATORY COMMISSION
Decided on June 19,2014

Ramshankar Gupta Appellant
VERSUS
STATE Respondents

JUDGEMENT

- (1.) Shri. Ramshankar Gupta filed a Petition under affidavit on 15 January, 2014, for action against BEST undertaking for non compliance of the Order of Electricity Ombudsman, Mumbai, in Representation No. 47 of 2013, dated 05.07.2013.
(2.) The Petitioner in its Petition has made following Prayers: "a) Ask BEST to give the details of calculation / preparation of bill pertaining to Mr. Satya Prakash Narayan and M/s. S. Anand Leather works as per the orders of Hon.ble Forum and Ombudsman to me before the hearing to check whether the bills are prepared as per orders. b) My current bill should be separate and the corrected outstanding debited amount should be kept separate without applying any delayed payment charges and interest on debited amount as this amount pertains to year 2006. c) Kindly allow me to settle the outstanding amount in easy installments, so that I can pay the same along with my regular current bill. d) The original amount debited in bill was Rs. 41.11 Lacs which was reduced to half as per the orders, so I request to cancel all delayed payment charges and Interest levied in my bill. e) If it proves that the outstanding bills are not prepared as per the orders it will contempt of order of Hon'ble Ombudsman and necessary penalty should be applicable as per the provisions of Law and also loss of my business due to disconnection of electric supply. "
(3.) The Petitioner in its Petition has submitted as under: 3.1. The Petitioner has submitted that, in his energy bill of the month August, 2012 , B.E.S.T. undertaking has debited Rs.41,11,196 as old outstanding of Mr. Satyaprakash Narayan and M/s. S. Anand leather works . 3.2. The Petitioner has approached to Internal Grievance Redressal Cell on 25 October, 2012. The Petitioner did not receive relief from IGRF. 3.3. The Petitioner then approached Consumer Grievance Redressal Forum on 27 November, 2012. The Forum has passed an Order on 25 April, 2013,which read as follows : "1. The Complaint no. N -G (N) -174 -2012 stands partly disallowed. 2. the Complainant is liable to pay the electricity bill of his present account as worked out by the Respondent BEST undertaking giving slab wise benefit therein, along with unpaid electricity charges in respect of M/s. S. Anand leather works. 3. the Complainant is further liable to pay for consumption of 1, 53,926 units for a period November 2006 to April 2007 by the erstwhile occupier Shri Satyaprakash Narayan. 4. The Respondent BEST undertaking directed to issue an electric bill accordingly to the Complainant within a period of one month from the date of passing this order. 5. The Complainant has been further directed to pay the aforesaid total electricity charges in 6 equal monthly instalments. The first instalment to be paid within a period of one month from the date of receiving aforesaid bill. 6. the Respondent BEST undertaking has been directed to report the compliance of this order within a period of 2 months, there from. 7. Copies be given to both the parties. " 3.4. The Petitioner approached the Electricity Ombudsman on 13 June, 2013. The EO vide its Order dated 5 July, 2013 directed the Respondent to work out the consumption of electricity during the period of six months and inform the charges to the Appellant accordingly. While doing so they should also take into consideration the contents of the letter dated June 24, 2013 written to the Appellants representative by way reply under RTI by BEST undertaking staff as far as it applies to this case. 3.5. The Petitioner vide its letter dated 16 July,2013 requested the BEST undertaking to accept their current bill, forward the details of calculation / preparation of bill pertaining to M/s. S. Anand leather works as per the CGRF Order, and forward details to the Petitioner and remove the debited bill with delayed payment charges and interest . 3.6. BEST has failed to give any details of calculation/ preparation of bill. The Petitioner further requested BEST to give the instalments for the outstanding bill debited with the assurance of payment of current bill, as it is not possible to pay entire bill of Rs. 21, 91582.00 in one stroke. ;


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