Facts
The petitioner, an industrial unit in Kutch, holds a power connection from the respondent electricity company
Source reference: para. 2Following inspections in 2018 and 2022, the respondent found the meter was running 83.70% slow due to technical tampering/damage
Source reference: paras. 2.1–2.2A supplementary bill of approximately ₹18.74 lakhs was issued for a six-month period
Source reference: para. 2.2The petitioner challenged this before the Consumer Grievance Redressal Forum (CGRF), which upheld a revised bill of ₹16.89 lakhs
Source reference: para. 2.3On further appeal, the Electricity Ombudsman, via order dated 15.07.2023, directed the respondent to treat specific dates as "tampering events" and issue a fresh bill considering the 83.70% slowness for the six-month period
Source reference: para. 2.4The respondent issued a new bill for ₹16,01,742.45, which the petitioner challenged in the High Court, alleging it was not in accordance with the Ombudsman's specific calculation directions
Source reference: paras. 2.4–3.1Issues
1. Whether the revised supplementary electricity bill issued by the respondent company was in compliance with the directions issued by the Electricity Ombudsman
Source reference: para. 3.12. Whether the High Court, exercising jurisdiction under Article 226 of the Constitution, can sit in judgment over minute mathematical calculations of an electricity bill
Source reference: para. 4.1, 6Law Applied
The court's jurisdiction was governed by Article 226 of the Constitution of India regarding the scope of judicial review over administrative/quasi-judicial actions
Source reference: para. 4.1Section 42(5) and 42(6) of the Electricity Act, 2003, which establish the CGRF and Electricity Ombudsman as the specialized statutory mechanisms for resolving consumer grievances
Source reference: paras. 2.3–2.4The primary legal principle applied is that writ courts generally refrain from adjudicating factual disputes involving complex arithmetic or auditing errors when a specialized statutory forum exists
Source reference: para. 6Reasoning
Upon reviewing the provided calculation sheets (specifically columns 1 to 6), the Court observed that the respondent had indeed applied the 83.70% slowness rate as directed
Source reference: para. 5The Court noted that the total bill amount had been reduced from ₹16.89 lakhs to ₹16.01 lakhs, indicating an attempt to comply with the Ombudsman's order
Source reference: para. 5The Court reasoned that under Article 226, it is not the role of the High Court to perform an audit or correct alleged clerical errors in calculation
Source reference: para. 6Since the respondent provided a calculation based on the required percentage, any residual grievance regarding "error in calculation" should be addressed before an appropriate statutory forum rather than through a writ petition
Source reference: para. 6Holding
The Court held that the respondent had sufficiently adhered to the Ombudsman’s directions by applying the 83.70% slowness factor
The Court held that it cannot interfere with calculation-based disputes under writ jurisdiction
Source reference: para. 6The Court dismissed the petition and Rule was discharged with no order as to costs, granting a four-week extension of the interim relief to allow the petitioner to prefer an appeal
Source reference: paras. 6–7Original Court PDF
M/S GAYATRI MINERALSvsPASCHIM GUJARAT VIJ COMPANY LIMITED
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in