KARNATAKA ELECTRICITY BOARD Vs. B P VASUDEVA MURTHY

JUDGEMENT

(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 :

(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. 3,000/- on 8-8-1991 against the said bill to the Corporation. Since the first respondent failed to pay the arrears, the installation to his residence was disconnected on 6-8-1991. Again the demand bill for Rs. 600/- in the month of September, 1991 was issued to the first respondent, complainant. He had paid only Rs. 200/- on 18-9-1991. Again in the month of October, 1991 the consumption of power recorded was 866 units and the bill for a sum of Rs. 1148/- inclusive of the arrears was served upon the first respondent. He had paid only Rs. 100/- against that bill. It is stated, in the objection statement filed by the Corporation before the District Forum that the first respondent was in the habit of making part payment towards the heavy consumption bills, and it is further stated that during the periodical inspection of the meter, it was found in good condition, working properly, and further stated a bill for a sum of Rs. 1208/- was issued to the first respondent-complainant, but he paid only Rs. 200/- on 21-12-1991. It is stated that it is not because of the defective meter, but at the request of the first respondent it was replaced. The consumption of power from the month of January, 1992 to April, 1992 varied from 200 units to 240 units, payment towards consumption was not made by him. Therefore, the Corporation prayed for dismissal of the complaint filed by the first respondent.