Reprieve for occupants of 3,000 flats, 170 villas, houses at New ChandigarhHigh Court restrains PSPCL from snapping supply to Omaxe society

Saurabh Malik

Tribune News Service

Chandigarh, February 18

In a major reprieve to the occupants of 3,000 flats, besides 170 villas and houses, the Punjab and Haryana High Court today restrained Punjab State Power Corporation Limited (PSPCL) and other respondents from disconnecting the electricity supply to Omaxe New Chandigarh Developers Pvt. Ltd.

The direction by Justice Girish Agnihotri of the High Court came after the petitioner’s counsel, Manu K Bhandari, among other things, contended that disconnection would cause great hardship to the owners/occupiers.

Appearing before the Bench, Bhandari submitted that the respondents were not authorised to initiate action against the petitioner/franchisee under the provisions of the Electricity Act, 2003, in a case of unauthorised use of electricity as was being alleged in the present case.

Referring to a provisional assessment order passed in January last year, Bhandari contended that it was alleged that the respondent noticed unauthorised load during inspection. The petitioner was then directed to deposit Rs2,25,32,521 on account of alleged unauthorised use of electricity. Bhandari contended that it was not a case of electricity theft even as per the allegations.

The only allegation was that certain consumers were allegedly using more load than what was sanctioned to the premises occupied by them. He further clarified that the actual use of electricity charges had been paid by the consumers as well as by the developer-petitioner.

He also submitted that the actual bill of approximately Rs50,00,000 for electricity consumption for January 2020 was also paid by the developer. As such, there were no dues. He added that the petitioner had a good prima facie case against the assessment order dated February 24, 2020, and had also filed an appeal. But it was summarily rejected and the issues raised by the petitioner were not appropriately dealt with. The counsel also submitted that in order to show his bonafides, 50 per cent of the amount stood paid by the petitioner.