K.Premavathi vs. The Telangana State Southern Power Distribution Company LTD.And 4 Others

Facts

The petitioner, K. Premavathi, applied for a domestic electricity connection with a contracted load of 1.0 KW. She received a notice dated March 21, 2020, stating that an inspection revealed an additional load of 3.0 KW on her connection. The respondents, TSSPDCL, demanded payment of development charges (Rs. 3,600), a security deposit (Rs. 2,400), and GST (Rs. 648) on the development charges to regularize the connection. The petitioner, described as a poor lady with a small house and low monthly electricity bills (Rs. 200-500), claims she never required the additional load and is unable to pay the demanded charges. She approached the respondents multiple times to remove the extra load, but her requests were not considered.

Held

The Court acknowledged that the petitioner's written representation to the respondents was not available before it. However, it found that for the verification of records and a proper decision, the Consumer Grievance Redressal Forum would be the appropriate forum. Consequently, the Court directed the petitioner to approach the Consumer Grievance Redressal Forum within ten days. The Forum was instructed to consider the petitioner's representation and make a decision within 15 days thereafter. The respondents were also directed not to disconnect the petitioner's electricity service connection until the Consumer Grievance Redressal Forum reached a decision. The Writ Petition was disposed of with these directions, and no order as to costs was made.

Key Issues

1. Whether the action of the respondents in charging Rs. 6648/- as Development Charges plus GST for an alleged additional load of 3.0 KW on the petitioner's domestic electricity connection is illegal, arbitrary, and in violation of fair play and natural justice, as per Article 226 of the Constitution of India? Petitioner's arguments: The petitioner contends that the charges are illegal and arbitrary, as she never required the additional load and is unable to pay the demanded amount. She seeks the removal of the additional load and a declaration that the charges are invalid. Respondents' arguments: The respondents, represented by the learned Standing Counsel for TSSPDCL, submitted that the matter involves a technical issue that can be appropriately considered by the Consumer Grievance Redressal Forum, which typically resolves such disputes within one month.