WP(C) 9935/2003 BEFORE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mrs. Bujarbaruah, learned counsel for the petitioner and Mr. Das, learned Sr. Counsel appearing for the respondents. The petitioner by the present petition has challenged the demand raised by the r espondent authority for an amount of Rs.10,23,600/- by invoking Clause-(i) of Ca tegory (IX) of Schedule of Tariff of the respondent Board and also praying for r efund of the said amount, which was collected by the respondent Board, contendin g inter alia that since the defective meter was not replaced by the respondent B oard in time, they cannot raised the bill for the period when the said meter was defective by invoking the said provision. The learned counsel, therefore, submits that the amount so deposited pursuant to such demand raised by the respondent Board may directed to be refunded. It has also been submitted that challenging such demand, though the petitioner filed s everal representations before the authority, those representations have not been attended to till date. Mr. Das, learned Sr. Counsel appearing for the respondents referring to Clause- (i) of Category (IX) of Schedule of Tariff of the respondent Board has submitted that since the meter was found to be defective, the demand has been raised on t he basis of 80% of the connected load in KW converted into KVA at 85% power fact or. According to Mr. Das, there is, therefore, no excessive demand raised by the respondent Board and as such, the petitioner is not entitled to any relief, as claimed. Mr. Das, however, has submitted that there is an alternative remedy av ailable to the petitioner by way of an appeal before the Chief Engineer (Commerc e) and if the petitioner is aggrieved by such demand, they may approach the said appellate authority. The learned counsel, in view of such submission made by the learned Sr. Counsel for the respondent Board has submitted that the present petition may be disposed of with liberty to the petitioner to file appeal before the said appellate auth ority with a further direction to consider the said appeal by the authority and pass necessary order. Having regard to the aforesaid submission made and without gong into the merit o f the case, the present petition is disposed of giving opportunity to the petiti oner to prefer appeal before the Chief Engineer (Commercial) and in case, such a n appeal is filed within 1 (one) month from today, the same shall be entertained by the appellate authority, who shall thereafter, decide the same by a speaking order. The writ petition is accordingly disposed of. No costs.