WP/24447/2000 of Narender Munoth Vs Transmission Corporation of A.P. Limited, (A.P. TRANSCO) on 31 December 2007

ORDER:

This Writ Petition has been filed by the petitioner seeking todeclare that the provisional assessment notice issued by the secondrespondent on 06.11.2000 is highly illegal and arbitrary and to furtherdeclare that the action of the respondents in collecting 100%provisional assessment amount under coercion and threat of detentionis illegal and arbitrary.

2) It is the contention of the petitioner that on the ground thatthere is some mal-practice to the domestic service of the petitioner, theprovisional assessment was made and the notice was served on himand at the same time the concerned authorities have taken him toPolice Station and coercing him to pay 100% amount though thecondition No.39 (6) of the Terms and Conditions for supply ofElectricity requires only payment of 50% of the provisional assessmentamount.

3) The respondents did not file any counter affidavit denying the allegations made by the petitioner.

4) Condition No.39.6 of the Terms and Conditions for supply of Electricity to persons other than licencees of the A.P.TRANSCO, reads as follows:

“39.6 Provisional assessment of the loss sustained by the Boardand payment:

The inspecting officer shall make a provisional estimate of theloss incurred by the Board by the reason of the malpractice orpilferage of energy committed by the consumer, which shallbe assessed as mentioned herein below and intimated to theAssistant Divisional Engineer concerned. The A.D.E.concerned shall ensure disconnection of such servicesforthwith in the case of malpractices with reference to supplyof electricity to any disconnected service or pilferage ofenergy.

The Assistant Divisional Engineer shall then serve theconsumer with a notice of provisional assessment in theprescribed form. Such notice shall mention, inter alia.

(a) The matters notice during the inspection of theconsumer’s premises and installations.

(b) The reasons for disconnection already effected orproposed to be effected and

(c) A provisional estimate of the loss sustained by theBoard compute din the prescribed manner.

He shall inform the consumer to pay half of the provisionallyassessed amount, pending the inquiry to be conducted by theconcerned authority into the case, to secure restoration ofsupply where supply has been disconnected or to avoiddiscontinuance of supply where disconnection ahs not beeneffected. If such payment is made the consumer’s serviceshall not be disconnected on this ground pending the enquiry.”

5) In view of the said provision and in view of non-challenge ofthe fact of coercion asserted by the petitioner, I am inclined to direct therespondents to refund 50% of the provisional assessment amount tothe petitioner within four weeks from the date of receipt of this order.

6) So far as the main relief is concerned, it is only a provisional assessment. The contention of the petitioner is that he didnot commit any acts of pilferage or mal-practice. Therefore, he is atliberty to file his explanation and the documents, if any, in support ofhis contention, and the concerned authority is directed to pass finalorder regarding the assessment and the petitioner is at liberty toquestion the validity or otherwise of the order by way of finalassessment passed by the concerned authority.

7) Accordingly, the Writ Petition is disposed of.

No order as to costs.

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Dr.G. YETHIRAJULU, J

Date: 31.12.2007Isn