Karnataka High Court
Dell International Services vs Electricity Ombudsman on 28 November, 2016
Author: Vineet Kothari
Bench: Vineet Kothari
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER, 2016
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WP No.4819/2015(GM-KEB)
BETWEEN
DELL INTERNATIONAL SERVICES
INDIA PRIVATE LIMITED
(EARLIER KNOWN AS PEROT SYSTEMS TSI
(INDIA) PRIVATE LIMITED)
A COMPANY REGISTERED UNDER THE PROVISIONS OF
THE COMAPNIES ACT, 1956
HAVING ITS REGISTERED OFFICE
AT PLOT NO.123, EPIP PHASE II
WHITEFIELD INDISTRIAL AREA
BENGALURU-560 066
(RERPESENTED BY ITS AUTHORIZED SIGNATORY)
...PETITIONER
(BY SRI PRASANTH V.Y, ADVOCATE)
AND
1. ELECTRICITY OMBUDSMAN
AN AUTHORITY CONSTITUTED UNDER THE
ELECTRICITY ACT, 2003
HAVING ITS OFFICE AT
#9/2, 6TH FLOOR, MAHALAXMI CHAMBERS
M G ROAD,
BENGALURU-560 001.
Date of order :28.11.2016 in WP No.4819/2015
Dell International Services India Private Limited
vs.
Electricity Ombudsman and Others
2/7
2. CONSUMER GRIEVANCE
REDRESSAL FORUM OF BANGALORE ELECTRICITY
SUPPLY COMPANY LIMITED
BENGALURU URBAN DISTRICT
HAVING ITS OFFICE AT
WEST CIRCLE OFFICE, BESCOM
CA SITE NO.05, WEST OF CHORD ROAD
3RD STAGE, BHIMAJYOTHI
HBCS LAYOUT, NEXT TO CHORD
ROAD HOSPITAL,
BASAVESHWARNAGAR
BENGALURU-560 079.
(REPRESENTED BY ITS CHAIRPERSON)
3. BANGALORE ELECTRICITY SUPPLY
COMPANY LIMITED
A COMPANY REGISTERED UNDER THE PROVISIONS OF
THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE
AT K R CIRCLE,
BENGALURU-560 001.
(REPRESENTED BY ITS ASSITATANT EXECUTIVE
ENGINEER)
4. EXECUTIVE ENGINEER (ELECTRICITY)
M T DIVISION, BMAZ
BANGALORE ELECTRICITY SUPPLY COMPANY LIMITED
#537, VSR SABHANGANA
BHAVANI NAGAR, GAVIPURAM
BASAVANAGUDI
BENGALURU-560 019.
...RESPONDENTS
(BY SRI H.V.DEVARAJU, ADVOCATE FOR R-3
R-1 & R-4 ARE SERVED
SERVICE OF NOTICE UPON R-2 IS
DISPENSED WITH VIDE ORDER
DATED 12.01.2016)
Date of order :28.11.2016 in WP No.4819/2015
Dell International Services India Private Limited
vs.
Electricity Ombudsman and Others
3/7
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR RECORDS. DECLARE THAT THE PETITIONER IS LEGALLY
ENTITLED FOR THE HT 2 A TARIFF BY VIRTUE OF ITS LEGAL
STATUS AS SOFTWARE DEVELOPMENT COMPANY.
THIS WRIT PETITION COMING ON FOR ORDERS along
with I.A. Nos.1, 2 and 3/2016 THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Mr.Prashanth V.Y, Adv., for Petitioner. Mr.H.V.Devaraju, Adv., for Respondent No.3.
1. The petitioner has filed this writ petition with the following prayers under Article 226 of the Constitution of India;
" a) Call for records.
b) Declare that the petitioner is legally entitled for the HT 2A tariff by virtue of its legal status as a software Development Company;
c) Issue a writ of certiorari or any other writ, order or direction of the like nature to quash the impugned order passed by the 1st respondent Case No.OMB/B/G-199/2015/47 dated 27.1.2015 produced herein as Annexure-A;
d) Pass such order/s including the orders as to cost, to meet the ends of justice and equity."
Date of order :28.11.2016 in WP No.4819/2015 Dell International Services India Private Limited vs. Electricity Ombudsman and Others 4/7
2. The impugned order assailed in the present writ petition is Annexure-J dated 02.06.2011 the Provisional Demand Notice given to the petitioner-Company by the respondent-BESCOM. The challenge raised by the petitioner before the Consumer Grievance Redressal Forum and Electricity Ombudsman against the said Provisional Demand Notice failed, as they do not have jurisdiction except when the final adjudication order was passed by the concerned authority after hearing the objections of petitioner-Company against the said Provisional Demand Notice.
3. The respondent-BESCOM has raised an objection before this Court also that the petitioner-Company has never raised its objection against the said Provisional Demand Notice about the applicability of the concessional rate under HT-2(a) category instead of HR-2(b) category applied by the respondent-BESCOM for a period of six Date of order :28.11.2016 in WP No.4819/2015 Dell International Services India Private Limited vs. Electricity Ombudsman and Others 5/7 months. Admittedly, even beyond six months, it has applied the concessional rate of HT-2(a) category for the petitioner-Company.
4. Learned counsel for the petitioner-Company has urged before the Court that there are at least three judgments from this Court holding that in such cases only concessional rate was applicable in the facts as were similar to the case involved in the present case.
5. After hearing the learned counsel, this Court is of the opinion that admittedly Annexure-J dated 02.06.2011 was only a Provisional Demand Notice served on the petitioner- Company and the petitioner-Company was bound to raise its objection before the concerned respondent authority of the BESCOM, upon which, the said respondent authority was bound to pass appropriate speaking order finally adjudicating the demand or rejecting the same, as the case may be. That stage of the case is yet to come and still remains to be adjudicated by the respondent authority Date of order :28.11.2016 in WP No.4819/2015 Dell International Services India Private Limited vs. Electricity Ombudsman and Others 6/7 in the present case. Therefore, the writ petition is considered as premature at this stage.
6. Accordingly, the writ petition is disposed of with a direction and liberty to the petitioner-Company to raise all its objections and rely upon the judgments in its favour before the respondent authority and the said respondent authority is directed to pass appropriate orders dealing with the same in accordance with law.
The petitioner-Company may appear through its authorized representative in the first instance on 07.12.2016 before the respondent authority and a period of three weeks is allowed to the respondent authority to pass appropriate speaking order in the matter.
In case the petitioner-company is still aggrieved by the final adjudication order passed by the respondent authority, it will be free to avail the remedy available to it by way of appeal under the provisions of the Act or take Date of order :28.11.2016 in WP No.4819/2015 Dell International Services India Private Limited vs. Electricity Ombudsman and Others 7/7 such other legal remedy as may be otherwise available to it.
For a period of six weeks from today, the respondent-BESCOM will not take any coercive steps for recovery under the provisional demand notice against the petitioner-Company without specific leave of this Court.
In view of disposal of the writ petition, I.A.Nos.1, 2 and 3 of 2016 do not survive for consideration and are also disposed of.
Sd/-
JUDGE mv