WP(C)/7815/2016 of BIJOY KRISHNA GHOSE Vs A. P. D. C. LTD. and 4 ORS. on 23 December 2016

Heard Mr. M. Choudhury, learned counsel for the petitioner. Also heard Mr. N.J. Dutta, learned standing counsel, APDCL, appearing for all the respondents.It is the case of the petitioner that on 19.04.2014, the APDCL Authority replaced the old electronic meter of the petitioner with a new digital meter and thereafter, a bill dated 05.06.2014 was served upon him for an amount of Rs.3951/- payable against the consumption of 705 units. It is also stated that prior to installation of the new digital meter, average electricity bill of the petitioner wasbetween Rs.200/- to Rs.300/- per month.

The petitioner by his representation dated 18.07.2014 had prayed for testing of the digital meter installed in his premises.

Till date, the meter has not been tested and from time to time the APDCL Authority is raising the bills and the last bill dated 13.11.2016 shows that the outstanding amount is Rs.1,56,567/-.

It is noticed that on 22.12.2014, the APDCL Authority had requested the petitioner to deposit necessary fees to test the digital meter. The fees for such purpose is Rs.450/-. The petitioner, till date, has not paid the aforesaid amount of Rs.450/- and he is also not paying any electricity dues in the interregnum.It is submitted by Mr. Dutta that installation of digital meters is a policy decision of the APDCL Authority.

Mr. Choudhury has submitted that the petitioner had been verbally informed by the authorities that unless the pending amount is cleared, the authority will not go for testing of the digital meter.

Having identified the dispute between the parties, I consider it appropriate to dispose of the writ petition with a direction to the petitioner to deposit the fees that is required for testing the digital meter installed in his premises within a period of 15(fifteen) days from today. On such payment being made, the APDCL Authority will test the digital meter installed in the premises of the petitioner as expeditiously as possible and depending upon the outcome of such testing, future course of action, as may be required, will be taken. Till testing of the digital meter is completed, the respondent authorities will not insist on payment of the outstanding amount, which according to the APDCL Authority, is payable by the petitioner. In other words, on testing fee being deposited by the petitioner, without insistence on the payment of the alleged outstanding amount, the digital meter shall be tested. No cost.