9911796707
TMI Blog1997 (3) TMI 625X X X X Extracts X X X X X X X X Extracts X X X X ..... tampered with it was removed on May 6, 1984. On an application made by the respondent, a new meter was installed on may, 9, 1984. On March 18, 1985 Bill No. 44 for ₹ 1,90,498.79 for the period December J983 to January 16, 1985 was sent to the respondent. Feeling aggrieved, the respondent filed the Civil Suit No. 85 of 1985 on March 25, 1985 for permanent injunction, restraining the Board or its Officers from collecting and recovering the amount from the respondent. The Sub-Judge on September 16, 1987 granted the decree. On appeal, it was confirmed and the second appeal has been dismissed. Thus, this appeal by special leave petition. 3. On July 19, 1996 when the matter came up for hearing, this Court passed an order observing that S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings or faulty meter cases may be taken by the Committee consisting of (L) Chief Engineer (D.S. concerned); (2) Chief Accounts Officer or Chief Auditor as may be decided by the Member, Finance; (3) Legal Advisor; (4)Director, Commercial. The above committee shall exercise the power upto ₹ 5.000/- in each case and decide all the cases including those pending in the court, except enforcement of the waiving. 5. Subsequently, further Circular No. 111 of 1984 dated December 5, 1984 was issued reiterating the powers of the Flying Squads given in earlier circulars in para 2(i) and para 2(ii). The Flying Squads/Enforcement staff shall not revise their findings or the quantum of compensation already intimated. Under Clause (iii) it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e shall be headed by the concerned Superintending Engineer/D.S. and shall have the following members: It is further provided that the Committee shall have powers to review and decide all cases for recovery waiving off the irrecoverable amount upto ₹ 30,000/- in each case. This Committee shall decide all disputed cases including the cases arising out of enforcement checking. This Committee shall act on the basis of general fairness and equity and not necessarily by the rigid department instructions. It would, thus, be seen that these statutory rules issued by the Board intended to dispose of the disputes expeditiously without undue delay, so that the consumer may not be subjected to hardship due to disconnection or non-payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to avail of the remedy provided under the Indian Electricity Act and the Indian Electricity (Supply) Act and the Instructions issued by the Board in that behalf from time to time as stated above. 10. Shri Goyal has contended that the authorities do not hear the parties, nor give reasoned order. Therefore, the parties cannot be precluded to avail of the remedy of a suit. We cannot accept such a broad and generalised proposition. When the provision for appeal by way of review has been provided by the statutory instructions, and the parties are directed to avail of the remedy, the authorities are enjoined to consider all the objections raised by the consumer and to pass, after consideration, the reasoned order in that behalf, so that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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