Cheque dishonour charges cannot be levied when bank error, not consumer fault, caused the return of payment.

Rule 15.3 of the Tamil Nadu Electricity Supply Code, 2004 allows additional charges for dishonoured cheques, but liability cannot be imposed mechanically where the consumer is not at fault. The cheque in question was returned by the bank as "account closed" despite the account being live, and the dishonour arose from banking error rather than any act of the consumer. The Court held that the phrase "for any reason whatsoever" applies only where the drawer is responsible for the dishonour, and that a blanket levy without examining the surrounding facts was arbitrary. The charge for restoration of cheque facility was therefore unsustainable and refund was allowed.

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Issues: Whether charges levied for restoration of cheque facility under Rule 15.3 of the Tamil Nadu Electricity Supply Code, 2004 were sustainable when the cheque was dishonoured due to the bank's error and not due to any fault of the consumer.

Analysis: Rule 15.3 permits the levy of additional charges where a cheque is dishonoured, but the provision cannot be read mechanically to fasten liability on a consumer who was not at fault. The dishonour in the present case was caused by the bank's erroneous return of the cheque as "account closed", despite the account being live and maintained. The respondents failed to examine the surrounding facts and proceeded on a blanket approach, thereby acting arbitrarily and without proper application of mind. The expression "for any reason whatsoever" was held to apply only where the drawer is at fault, and not where dishonour results from a banking error beyond the consumer's control.

Conclusion: The levy of Rs. 1,000/- for restoration of cheque facility was unsustainable and the refund claim was allowed in favour of the petitioner.

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