Case Law Details
Torrent Power Ltd. Vs State of Gujarat & Ors (Gujarat High Court)
In the case of Torrent Power Ltd. vs State of Gujarat & Ors, the Gujarat High Court was called upon to address significant legal questions pertaining to electricity billing and the jurisdiction of the Electrical Inspector under the Indian Electricity Act, 1910. The petitioner, Torrent Power Ltd., challenged orders issued by the State Government and the Electrical Inspector that had significant financial implications for both the petitioner and the respondent consumer.
Torrent Power Ltd., the petitioner, filed a petition under Article 226 of the Indian Constitution, seeking to quash the orders dated May 29, 2003, and March 6, 2003, issued by the State Government and the Electrical Inspector, respectively. The core issue revolved around the assessment of electricity consumption due to a stopped meter for the period from May 12, 2000, to April 26, 2002.
The petitioner argued that the stopped meter assessment conducted as per Annexure-A did not fall within the purview of Section 26(6) of the Indian Electricity Act, 1910. Consequently, the Electrical Inspector and the State Government lacked the jurisdiction to entertain the dispute regarding this assessment. The petitioner emphasized that the respondent consumer was liable to pay the assessed amount along with interest for delayed payment as per the statutory conditions of supply.
The respondent consumer contended that the jurisdictional issue was never raised before the Electrical Inspector or the State Government. They argued that the petitioner, having submitted to the jurisdiction of the Electrical Inspector, could not challenge it at this stage. The respondent also highlighted the lack of timely communication from the petitioner regarding the stopped meter and questioned the validity of the supplementary bill issued after the meter was changed.
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