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2001 Supreme(Kar) 59

Karnataka High Court
Karnataka Electricity Board - Appellant
Versus
B.P.Vasudeva Murthy - Respondent
Decided On : 01-19-01
W.P. : 32619 of 1999

Advocates:
A.Padmanabhan, N.K.Gupta

Headnote:Indian Electricity Act, 1910-Section 24-Karnataka Electricity Supply Regulations 1988-Regulation 30-06-Disconnection of supply on the ground on non-payment of Bills for particular month-neither bill issued nor notice given before disconnection of electricity-Order of State Consumer Forum awarding compensation for disconnection affirmed.

       Indian Electricity Act, 1910-Section 24-Karnataka Electricity Supply Regulations, 1988-Regulation 30.06-Disconnection of supply of electricity-instructions permitted/noted on the reverse side of the bill is sufficient compliance in lieu of notice-requirement of notice in this case not necessary.

       

V. GOPALA GOWDA, J.

( 1 ) THE petitioner is a Karnataka Electricity Board, now known as Karnataka Power Transmission Corporation Ltd. , in short hereinafter called as Corporation for brevity in this order has filed this writ petition seeking for issuance of a writ of certiorari to quash the order dated 14-7-1999 passed by the second respondent in Appeal No. 561/1997 urging various facts and legal contentions.

( 2 ) THE brief necessary facts for the purpose of considering the rival contentions urged by the learned counsel for the Corporation and the first respondent in person are stated as hereunder :the first respondent is a Consumer had filed complaint before the District Redressal Forum under the provisions of S. 12 of the Consumer Protection Act, 1986 in short called as C. P. Act for issuance of a direction to the Corporation by the Forum to refund the interest amount collected from him for the period from 27-3-1991 to 28-4-1992 and to refund the excess amount collected by the Corporation during the period from 27-3-1991 to 28-4-1992 on the alleged ground that the meter was defective and further claimed for awarding compensation of Rs. 3,000/- for causing mental agony and physical exertion to the first respondent and further claiming of compensation of Rs. 10,000/- from the Corporation for the alleged infringement of his rights to utilise electricity and also causing injury to his mind and reputation in the public at large. It is stated by the first respondent that he is the consumer as defined under the provisions of Karnataka Electricity Supply Regulations of 1988 and having A. E. H. power supply installation to his residence. It is alleged in the complaint that with effect from 27-3-1991 onwards the meter installed in his house by the Corporation was defective inasmuch as the disc with red mark in the meter was running six times per minute. Therefore, he did not pay the electrical bills from 27-3-1991 to 6-8-1991 towards the power consumption charges of his A. E. H. power installation and the Corporation did not issue him monthly electricity bills for the months of April to August, 1991. It is contended by the first respondent that without issuance of 7 days clear notice as required under Regulation No. 30. 06 of the Regulations for payment of the power consumption charges before disconnection, his A. E. H. power supply installation was disconnected by the officials of the Corporation and, therefore, the first respondent has suffered a great lot without power supply to his house for the period from 6-8-1991 to 10-8-1991. It is further stated that despite the first respondent writing letters to the Corporation, for restoration of power supply there was no response, and he had also got issued a notice under S. 80, Cr. P. C. , on 29-5-1992. It is further stated the defective meter was replaced by the Corporation on 28-4-1992 and same was sent for Meter Testing Division Laboratory for its inspection.

( 3 ) IT is the case of the first respondent that after conversion of the installation to A. E. H. to his residence, a good meter was fixed on 27-3-1991 in his house. The initial reading of the meter was "0000. " After the installation of the new meter it was showed consumption of 956 units as on 5-7-1991. The initial bill was issued to him was for only Rs. 27/- by the Corporation as fixed charges for the month of June, 1991 and later for the month of July, 1991 the bill was issued for Rs. 824/- towards consumption of 956 units including the arrears of Rs. 27/- during the month of August, 1991. It is stated by the Corporation that during the month of August, 1991 the meter reading of the first respondent's installation could not be taken as his house was door locked at the time of recording the meter for issuance of the consumption of bill. Therefore, the bill for fixed charges along with Rs. 851 and interest of Rs. 17/- was charged and the bill was issued by the Corporation. But however the first respondent paid only a sum of Rs








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