LexPUNJAB STATE ELECTRICITY BOARD AND ANR. versus ASHWANI KUMAR
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PUNJAB STATE ELECTRICITY BOARD AND ANR.
A
v.
ASHWANI KUMAR
MARCH 14, 1997
[K. RAMASWAMY AND G.B. PATTANAIK, JJ.]
B
Electricity Act, 1910/Electricity (Supply) Act, 1948 :
Arrears of electricity charges-Recovery of-<:onsumer filing civil suit
for permanent injunction restraining the Board from recovering the C
amount-Suit decreed-Decree confirmed by High Court in second ap-
peal-Held the civil court shall not be justified in entertaining the suit and
giving the declaration without directing the party to avail of the remedy
provided under the Indian Electricity Act the Indian Electricity (Supply) Act
and in accordance with the instrnctions issued by the Board in that behalf
from time to time-If the consumer is not satisfied with the order passed by D
the Board/Appellate Authority, he can avail of the remedy available under
Article 226 of the Constituti01t-By necessary implication the suit is not
maintainable-The consumer is at liberty to file appeaHlowever, he would
pay the amount in demand in six monthly instalments-If he succeeds, Board
shall refund the amount with interest.
E
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2507 of
1997.
From the Judgment and Order dated 9.12.92 of the Punjab and
Haryana High Court in R.S.A. No. 1865 of 1991.
F
R.S. Sodhi for the Appellants.
Ms. Arnita Gupta for the Respondent.
The following Order of the Court was delivered :
Leave granted. We have heard learned counsel on both sides.
The appeal by special leave arises from the judgment of the Punjab
and Haryana High Court, made on December 9, 1992 in R.S.A. No. 1865
G
of 1991. The appellant-Board had given connection of supply of electrical H
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B
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SUPREME COURT REPORTS
[1997] 2 S.C.R.
energy to the respondent on January 16, 1983. Since the meter installed
was suspected to have been tampered with it was removed on May 6, 1984.
On an application made by the respondent, a new meter was installed on
may, 9, 1984. On March 18, 1985 Bill No. 44 for Rs. 1,90,498.79 for the
period December 1983 to January 16, 1985 was sent to the respondent.
Feding aggrieved, the respondent filed the Civil Snit No. 85 of 1985 on
March 25, 1985 for permanent injunction, restraining the Board or its
Officers from collecting and recovering the amount from the respondent.
The Sub-Judge on September 16, 1987 granted the decree. On appeal, it
was confirmed and the second appeal has been dismissed. Thus, this appeal
by special leave petition.
On July 19, 1996 when the matter came up for hearing, this Court
passed an order observing that Section 4, Instruction 115 (1) ('?) of th.e
sales manual which is placed on record, indicates the procedure to be
followed when the meter was found to be accurate, but the reading was
D inaccurate. Instruction relating the procedure to be followed for resolving
the dispute was not made part of the record and, therefore, time was
granted to the appellant to produce the necessary record in that behalf. In
fortherance thereof, the record has been placed on record.
E
Now, it is clear that the Electricity Board itself has issued Circulars
F
from time to time in that behalf. Circular No. 111/80, dated December 20,
1980, was issued in partial modification of the earlier Circulars No. 151179
<lated 21.2.1979 and No. 4723/cadre dated 24.7 .1980. Therein it states that
the Flying Squads/Enforcement Staff shall henceforth prepare their report
in respect of checking of the defaulting premises of the delinquent con-
sumers and serve the requisite notice to the consumer at site itself with a
copy to S.D.O./D.S. concerned. Thereafter, the Flying Squad shall not
revise their findings or the quantum of penalty already intimated. Cases of
default of payment upto Rs. 5,000/- arc reviewabk by the Superintending
Engineer/D .S. and the cases of default beyond Rs. 5,000/- arc revicwable
G by C.E. or D.S. concerned. Subsequently, instructions were issued under
Order No. 427 <lated November 26, 1981 stating that the negotiations with
the consumers or withdrawal of cases from the court or the arbitration
proceedings or faulty meter cases may be taken by the Committee consist-
ing of (1) Chief Engineer (D.S. concerned); (2) Chief Accounts Officer or
H Chief Auditor as may be decided by the Member, finance; (3) Legal
-
PB. STATE ELECTRICITY BD. v. ASHWANI KR.
1145
Advisor; ( 4)Director, Commercial. The above committee shall exercise the A·
power upto Rs. 5;0001- in eExcerpt shown. Read the full judgment & AI analysis in Lexace.