- (1.) The petitioner who is a consumer of electricity has filed the present petition praying for quashing (i) the order dated 21.8.2010 passed by the Commissioner, Allahabad Division, Allahabad acting as Appellate Authority (respondent no.4) under Section 127 of the Indian Electricity Act, 2003, (ii) the order dated 1.3.2005 passed by the Executing Engineer, EDD, George Town, Allahabad (respondent no.1) and (iii) the test report dated 12.4.1999. Further prayer is to accept the testing report dated 19.11.1999 issued by the National Test House, Calcutta and based on the said report correct the electricity bill for the disputed period and refund the excess amount deposited by the petitioner along with interest at admissible rates.
(2.) On 12.4.1999 the officers of the department carried out an inspection at the site of the petitioner's factory to check the electrical equipments installed at the petitioner's premises by using the checking equipments. In the said inspection and checking, certain irregularities were found as a result of which the bill of the petitioner for consumption of electricity was revised. Broadly speaking the Current Transformer (CT) installed at the premises of the petitioner's unit was found to be faulty resulting into loss to the department. The revised bill was issued whereupon the petitioner filed objections and requested for rechecking the equipments or in the alternative the measuring instrument which was issued at the time of checking may be sent for testing to the National Test House, Calcutta (a Central Government Organization testing the genuineness of the instruments). On the request of the petitioner the instrument used by the department for testing and checking the equipments installed at the petitioner's unit were sent to Calcutta for testing. According to the petitioner the department did not carry the complete equipments used at the time of checking to Calcutta as a result they had to purchase certain equipments in Calcutta with the help of which the testing was carried out. This checking was carried out at National Test House, Calcutta initially on 9.10.1999 but the same was disputed by the parties and thereafter again testing was carried out on 20.10.1999 in which the equipments used by the Department were found to be in order.
(3.) The report given by the National Test House, Calcutta was disputed by the petitioner and he thereafter requested that the CT installed at the premises of the petitioner's unit may be sent to the National Test House, Calcutta for checking. This request was accepted. The CT was sent and the National Test House carried out the testing on 19.11.1999. For the said testing the National Test House, Calcutta gave a report that the CT was in order. Thereafter the petitioner submitted an application that once the National Test House, Calcutta had found that the CT installed by the petitioner at his premises was in order, the checking report dated 12.4.1999 cannot be sustained and therefore the amount deposited by the petitioner pursuant to the revised bill may be refunded along with interest. The said request of the petitioner was taken up by the Chief General Manager (Distribution) and upon consideration of the same it was rejected vide order dated 26.2.2005 and communicated to the petitioner vide covering letter dated 1.3.2005, filed as Annexure15 to this petition.;