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R.Sicily Vs Tamilnadu Electricity — Consumer Protection | Madras HC (2021)

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Madras HC
2021
R.Sicily Vs Tamilnadu ElectricityR.Sicily v. Tamilnadu Electricity

Disposed

R.Sicily v. Tamilnadu Electricity

Madras HC24 Nov 2021WP/17906/2014

Case brief

from the order text

What is this about?

COURT OF JUDICATURE AT MADRAS DATED :…

What the court decided

AI extract

Outcome

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.Nos.17906 and 17907 of 2014 and M.P.Nos.1 and 1 of 2014

R.Sicily ...Petitioner in W.P.No.17906 of 2014 A.Vathana ...Petitioner in W.P.No.17907 of 2014

Vs

Tamil Nadu Electricity Generation and Distribution Co., Rep. By its Chairman, 144, Anna Salai, Chennai – 600 002.

The Assistant Engineer, (O&M), Avadi, Chennai Electricity Distribution Circle [West], Tamil Nadu Electricity Generation and Distribution Co., Avadi, Chennai – 54. ... Respondents

PRAYER in W.P.No.17906 of 2014 : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, Calling for the records relating to the impugned the order in Ka.No.U.Mi.Po/ E.Pa/Tha.Na.Vee.Va.Vaa. Division/ Aavadi/ Kovaru/ A.No.88/ date 27.06.2014 demanding a sum of Rs.16,52,441/- (Rupees Sixteen Lakhs Fifty Two Thousand Four Hundred and Forty One only) towards the escaped assessment during the relevant period for the service connection No.452001-1796 and quash the same as illegal, arbitrary and against the provisions of the Electricity Act 2003 and the Tamil Nadu Electricity Supply Code 2004.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether original adjudication of disputed electricity assessment issues can be entertained in writ proceedings under Article 226.
2.
Whether the Consumer Grievances Redressal Forum constituted under the Tamil Nadu Electricity Supply Code is the competent forum for such disputes.

Statutes considered

4 provisions across 3 enactments

AI extract

Constitution of IndiaArticle 226
Electricity Act2003
Tamil Nadu Electricity Supply Code2004Regulation 18

Parties & counsel

AI extract

petitioner
R.Sicily and A.Vathana
respondent
Tamil Nadu Electricity Generation and Distribution Co.
respondent
The Assistant Engineer, (O&M), Avadi

Coram

AI extract

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 24 Nov 2021 · November
Registered: 4 Jul 2014
Case no.: WP/17906/2014

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Cite this judgement

R.Sicily v. Tamilnadu Electricity, WP/17906/2014 (MAD), decided on 24 November 2021.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Constitution of IndiaArticle 226
Electricity Act2003
Tamil Nadu Electricity Supply Code2004 · Regulation 18

View all statutes

Bench / Coram

S.M.Subramaniam

Parties & counsel

Disposed

Issue for consideration

Whether original adjudication of disputed electricity assessment issues can be entertained in writ proceedings under Article 226. +1 more

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

PRAYER in W.P.No.17907 of 2014 : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, Calling for the records relating to the impugned the order in Ka.No.U.Mi.Po/ E.Pa/Tha.Na.Vee.Va.Vaa. Division/ Aavadi/ Kovaru/ A.No.89/ date 27.06.2014 demanding a sum of Rs.15,57,212/- (Rupees Fifteen Lakhs Fifty Seven Thousand Two Hundred and Twelve Only) towards the escaped assessment during

https://hcservices.ecourts.gov.in/hcservices/

the relevant period for the service connection No.452-001-1797 and quash the same as illegal, arbitrary and against the provisions of the Electricity Act 2003 and the Tamil Nadu Electricity Supply Code 2004.

For Petitioner : Mr.Venkatakrishnan [In both Wps] Change of Vakalath given

For Respondent 1 and 2 : Mr.L.Jaivenkatesh [In both Wps] Senior Counsel for TANGEDCO

COMMON ORDER

The relief sought for in both the writ petitions are to Call for the records relating to the impugned the order in Ka.No.U.Mi.Po/ E.Pa/Tha.Na.Vee.Va.Vaa. Division/ Aavadi/ Kovaru/ A.No.88 and 89 date 27.06.2014 demanding a sum of Rs.16,52,441/- (Rupees Sixteen Lakhs Fifty Two Thousand Four Hundred and Forty One only) and Rs.15,57,212/- (Rupees Fifteen Lakhs Fifty Seven Thousand Two Hundred and Twelve Only) towards the escaped assessment during the relevant period for the service connection No.452-001-1796 and No.452-001-1797 and quash the same as illegal, arbitrary and against the provisions of the Electricity Act 2003 and the Tamil Nadu Electricity Supply Code 2004.

The Audit Short fall is the cause for passing the order impugned dated 27.06.2014 and the short fall working details are also provided to the writ petitioner. Thus, the said disputed issues are to be adjudicated before the Consumer Grievances Redressal Forum constituted under Regulation 18 of the Tamil Nadu Electricity Supply Code. Original adjudication of the disputed issues cannot be entertained in a writ proceedings, as it requires scrutinization of the documents in original and the evidences.

This apart, the alternate remedy provided under the Regulations are to be exhausted by the aggrieved persons before approaching the writ Court. When effective remedial measures are provided, the said procedures are to be followed, enabling the High Court to exercise. The power of Judicial review under Article 226 of the Constitution of India in an effective manner.

In the event of entertaining such original adjudication of issues, there is a possibility of omission or commission or error, which may cause prejudice to either of the parties. Thus, it is always preferable that such original adjudications are done by the competent Forums constituted under Regulations for the redressal of the grievances of the aggrieved persons.

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In this view of the matter, the petitioner is at liberty to approach the Consumer Grievances Redressal Forum for redressal of their grievances and in the event of filing any such application, the Forum shall consider the same and take the decision on merits and in accordance with Law.

With these observations, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/-

Assistant Registrar(CS VIII)

//True Copy//

Sub Assistant Registrar

nti/jeni

To

The Chairman, Tamil Nadu Electricity Generation and Distribution Co., 144, Anna Salai, Chennai – 600 002.

The Assistant Engineer, (O&M), Avadi, Chennai Electricity Distribution Circle [West], Tamil Nadu Electricity Distribution Circle [West] Tamil Nadu Electricity Generation and Distribution Co., Avadi, Chennai – 54.

+1cc to Mr.L.Jaivenkatesh , Advocate (TANGEDCO ), S.R.No.60910

W.P.Nos.17906 and 17907 of 2014 and

M.P.Nos.1 and 1 of 2014

SPD(CO) CT 07/12/2021

https://hcservices.ecourts.gov.in/hcservices/

S.M.Subramaniam

CNR

HCMA011161382014

Topic

Consumer Protection

Bench

S.m. Subramaniam

Disposal

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