Assessment in Electricity Act 2003
Kumar Krishan Agarwal Advocate
(Querist) 08 June 2011
This query is : Resolved
Dear Sir,
I got a wrong FIR registered on my name under Sec 135/138 of E.C Act 2003 into which I got Bail from the Addl. District & Session Judge of [E.C Act]. Now the Executive Engg. (Action Sahab) of city Electricity Department Sent a Notice of Assessment Rs 1,52000 to me and give 15 days time for giving its reply otherwise a one sided proceedings will start against me for the recovery of the assessment amount. If I file objections then surely the Electricity Department will continue Rs 1,52000 order passed against me to get recovered.
Now for getting out of this perplexed situation what I will have to do so that the unwarranted Assessment can be removed from my shoulder:
1. File a case before consumer forum so that stay may be granted against framed Assessment?
OR
2. File a Appeal before Superintending Engg against the assessment order passed by the Executive Engg. of Electricity Department ?
Or
3. File a Writ Before High Court so that the assessment amount will be removed from my shoulder ?
OR
Anything different approach may I use so that I may get rid of the unwarranted Assessment amount ?
and
In which direction I will have to proceed so that I get out of this false assessment charges against me ?
Ajay Bansal
(Expert) 08 June 2011
File a complaint alongwith an application for stay in consumer court.
Shashikant V. Patil
(Expert) 08 June 2011
Shri Ajay Bansal is right to say. In addition to this, you File a Appeal before Superintending Engg against the assessment order passed by the Executive Engg. of Electricity Department
H. S. Thukral
(Expert) 08 June 2011
the assessment in the case of theft of electricity is different from the assessment made under 126 of the Act. You can not file an appeal as provided under Section 127. You can not approach Consumer Court even. You can file a writ petition in High Court but since a FIR is in place High Court might not intervene.
The course open to you is to file your objections and if the assessment bill is persisted you can approach the Special Court for a stay on payment if justifiable grounds exist. since you are an advocate I will suggest you read judgment of GHC in Torrent Power Aec Ltd. vs Gayatri Intermediates Pvt. Ltd. (2006). that will provide appropriate answer to your query as well as solutions.
prabhakar singh
(Expert) 08 June 2011
i am in complete agreement with opinion expressed by learned brother Harbhajan Singh
Thukral,there is nothing with me to add beyond that.
