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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Punjab State Electricity Board, Patiala – Appellant
Versus
Hari Singh – Respondent
JUDGMENT :
SUVIR SEHGAL, J.
1. This order shall dispose of both above noted appeals, as they involve common questions of law and fact.
2. For the sake of convenience, factual position is being taken from RSA-34-1995.
3. Appellants-defendants are in second appeal assailing concurrent finding recorded before Trial Court as well as First Appellate Court.
4. Respondent-plaintiff filed a suit for declaration and permanent injunction averring that he is running a factory of cotton ginning and spinning and is entitled to all benefits of a seasonal industry as per sales manual instructions. It has been pleaded that plaintiff has been complying with all conditions of the instructions. Plaintiff has a contract demand of 300 KVA and a meter of HT type was installed in November, 1989. When plaintiff realized that meter was not working properly, he sent an intimation on 09.11.1989, Ex. P-1, which was followed by a reminder dated 21.11.1989, Ex. P-2, but defendants did not change the meter. Defendants sent an ad hoc bill for month of November 1989, on the basis of consumption for month of November 1988, which plaintiff deposited under protest. Challenging the ad hoc billing, plaintiff filed a suit fo
Unilateral billing by the Electricity Board is unsustainable without resolving meter disputes through an Electrical Inspector.
Determining meter correctness is limited to physical defects; wiring errors cannot invoke inspector reviews as per Indian Electricity Act, 1910.
The burden of proof lies on the party claiming a defect in the electricity meter, which was not substantiated by the plaintiff.
The Electricity Board must refer disputes regarding defective meters to the Electrical Inspector before raising supplementary bills, as mandated by S.26(6) of the Indian Electricity Act, 1910.
Billing for defective electricity meters must follow the guidelines of the regulatory commission, specifically regarding the payment period.
The court upheld that a voluntarily entered agreement for billing practices, despite subsequent legislative changes, remains binding on the parties involved unless proven otherwise.
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