9911796707
TMI Blog2019 (3) TMI 1080X X X X Extracts X X X X X X X X Extracts X X X X ..... ircle/North, in the nature of Certiorarified Madamus, calling for the records of the first respondent with respect to his order dated 09.03.2012, in the Petition No.92 of 2011, and quash the same in so far as confirming the action of the second respondent in collecting charges of Rs. 1,000/- for restoration of cheque facility with regard to the petitioner's Electricity Connection in S.C.No.071-006-09 and 071-006-2600 and direct the second respondent to refund the said sum of Rs. 1,000/- to the petitioner. 2.In his affidavit, the petitioner, O.Mangalavinayagam, as stated that he had availed payment of Electricity Consumption charges through cheque for the bi-monthly current consumption. He had issued a cheque bearing No.984656, dated 03 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 25.06.2009, to the Tamil Nadu Electricity Regulation Commission, which was redirected to the Chairman, Consumer Grievance Redressal Forum. Since there was no further development, the petitioner gave a further representation to the first respondent on 02.04.2011. 6.The first respondent converted the representation into a common appeal and issued notice to the second respondent in Appeal Petition No.92 of 2011 on 05.04.2011. The first respondent then passed the order dated 09.03.2012, which is impugned in the present Writ Petition, rejecting the claim of the petitioner for refund of charges imposed for restoration of cheque facility by the second respondent. It is under these circumstances, that the writ petition came to be filed. 7.The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 on 03.04.2008 on State Bank of India, Jawahar Nagar Branch, for a sum of Rs. 500/- towards the consumer charges for the two service connections. This cheque was dishonoured by the Bank on the ground "Account is closed/No such account". The petitioner then ran from pillar to post since the account was alive on that date and he had not closed it. Finally, the Branch Manager, State Bank of India, Jawahar Nagar Branch, addressed a letter to SE/CEDC (N), Tamil Nadu Electricity Board, Chennai, stating as follows: "Dear sir, Sub: SB Account No.10156202154 Clearing Cheque Returned - Reg. With reference to the above our cheque clearing centre had erroneously returned the cheque no.984656 dated 03.04.2008 for Rs. 500/- issued by Mr.O.Mangala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed and collected. The respondents should realise that they should handle each case on a case by case basis and should not exercise power to the prejudice of honest citizens. 14. The order passed by the first respondent runs to more than 30 pages and most irrelevant aspects relating to criminal prosecution of dishonoured cheque, relating to "cut and paste" portions of the entire Sections 92 and 138 of the Negotiable Instruments Act, have been written. Thereafter, further "cut and paste" portions from an unknown source had also been given. After that, Rule 15.3 of the Tamil Nadu Supply Code had been extracted. 15. I hold that the first respondent had completely misdirected himself as to the nature of the grievances of the petitioner. It mu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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