Municipal Corporation Of Brihan Mumbai vs Hotel Hill Top International on 24 September, 2003
The decision of the learned single Judge in M/s Sapyah Trust and Sarkar Trust's case undoubtedly refers to the information given to the Court by the counsel for the Corporation who had appeared in the said petition that "to deal with such complaints of the consumers, authority has been set up by the petitioner to review such claims. Administrative orders are issued from time to time in this behalf and as of now, it is the administrative order dated 5th March, 1997 which provides for a Review Committee." The copy of the Administrative Order No. 254 produced before this Court by the learned Advocate for the petitioner is apparently the same Administrative Order dated 5-3-1997. Perusal of the said Administrative Order nowhere discloses the source of power to issue any such Order by the General Manager of the petitioner's Undertaking. It only says that in supersession of the Administrative Order No. 231 (GM/51256/95) dated 9-10-1995, certain procedure is prescribed to be followed in case of claims initiated against the consumers for recovery arising out of amendment cases due to defective meters, stopped meters, tampered meters, change in tariff or theft of energy. Apparently, the Administrative Order is merely a guidance to the officers of the petitioner in cases of investigation regarding certain claims against the consumers. No such administrative order can over-ride the statutory provisions dealing with the supply of electricity to the consumers.