The Negombo Municipal Council V. Fernando.K.J.M

1961 Present: H. N. G. Fernando, J., and L. B. de Silva, J.

THE NEGOMBO MUNICIPAL COUNCIL, Appellant, and K. M. J. FERNANDO,
Respondent

S. C. 48-D. G. Negombo, 18709

Electricity-Contract between a local authority and a consumer, for supply of electric energy-Scope of right of licensee to discontinue supply-Incapacity of licensee to impose conditions not authorised by statute-Electricity Act, No. 19 of 1950, ss. 30, 32, 33, 36, 45, 46, 47, 49, 60, 64 (1)-Municipal Councils Ordinance No. 23 of 1947.

A local authority, when it enters into a contract for the supply of electric energy, is precluded from imposing on the consumer conditions or terms which are not authorised expressly by the provisions of the Electricity Act, No. 19 of 1950, or by regulations framed in accordance with the provisions of section 46 of that Act. The local authority is not entitled to rely upon such unauthorised conditions in order to justify any discontinuance of supply of electric energy in contravention of section 33, even though the consumer has agreed to be bound by them.

Conditions providing (1) for discontinuance of supply of energy if the consumer obstructs the licensee from connecting other consumers to the service main, and (2) for the licensee's exemption from liability in case of discontinuance of supply, are unauthorised conditions unless they are provided for in regulations made under section 46 of the Electricity Act.

A regulation made under section 60 of the Electricity Act cannot validly authorise any action inconsistent with the express provisions in the Act itself. But even conceding that such inconsistency can be authorised by a regulation made under section 60, Regulation 7 under head (vi) of the set of regulations framed under section 60 and published in the Gazette of the 10th April, 1$53, does not contain any indication of an intention to alter or evade section 46.

A consumer is entitled to claim from a licensee damages resulting from an unauthorised discontinuance of supply of electric energy.

APPEAL from a judgment of the District Court, Negombo.

H. W. Jayewardene, Q.C., with A. K. Premadasa, N. R. M. Daluwatte and D. S. Wijewardene, for defendant-appellant.

W. T. P. Goonetilleke, for plaintiff-respondent.

Cur. adv. vult.

September 8, 1961. H. N. G. FERNANDO, J.-

The plaintiff in this case applied in October 1953 for a supply of electricity to his premises and undertook in his application to abide by the conditions relating to the supply which were set out in the application form provided for the purpose by the Negombo Municipal Council. The form included inter alia the following conditions :

"7 (a) The department reserves the right to connect more than one consumer to a service main wherever the supply to the original applicant is not affected thereby. Where it becomes necessary to make a connection to an existing service cable in a private compound the

Council undertakes to reinstate the ground in a proper and satisfactory manner. If a consumer objects to, prevents or obstructs in any way the department from connecting other consumers to the service main, such consumer shall render himself liable to discontinuance of supply without notice ".

"7 (d) Every endeavour will be made to ensure an efficient and continuous supply of energy to consumers but the council will not be responsible for any interruption of supply. The council shall not be held liable, to any person for any loss or damage occasioned, directly or indirectly, by the total or partial interruption of supply, or by the council's failure to supply or discontinuance of supply ".

A supply of electricity was accordingly provided to the house occupied by the plaintiff.

In his plaint filed in July 1956 the plaintiff alleged that on 9th June 1956 the defendant council had unlawfully discontinued the supply of electricity to the plaintiff's premises. On this

Click Here to Read the rest of this document