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M/s Champion Ceramics Private Ltd. Vs Chhattisgarh State Electricity Board And Ors

Case No: Writ Petition (C) No. 6759 Of 2008

Date of Decision: Feb. 1, 2018

Acts Referred: Constitution Of India, 1950 — Article 226, 227

Hon'ble Judges: Sanjay K. Agrawal, J

Bench: Single Bench

Advocate: Rajeev Shrivastava, Gagan Tiwari

Final Decision: Dismissed

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Judgement

Sanjay K. Agrawal, J

1. Heard.

2. Learned counsel for the petitioner submits that the order passed by the Electricity Consumer Disputes Redressal Forum as well as by the Electricity

Ombudsman in appeal are unsustainable and bad in law.

3. Learned counsel for the respondents would support the impugned order.

4. Two authorities have concurrently held that the meter equipment was changed on 29-8-2006 and new instrument was installed in the premises of

the petitioner. Billing ought to have been made by applying the multiplier of 100, but erroneously, it was made by applying the multiplier of 33.3. Billing

was made from September, 2006 to September, 2007 which was detected by the audit report and consequently, the error was rectified and by

applying the multiplier of 100, supplementary bill has been issued.

5. After hearing learned counsel for the parties, I am of the considered opinion that the concurrent finding recorded by the two authorities holding that

the incorrect multiplier adopted has been corrected and thereby supplementary bill has been issued, is a finding of fact based on the material available

on record in which I do not find any jurisdictional error warranting interference under Article 226/227 of the Constitution of India. The writ petition

deserves to be and is accordingly dismissed. No order as to cost(s).