S CHANDER Vs. KARNATAKA ELECTRICITY BOARD BANGALORE

JUDGEMENT

(1.) THE petitioner questions the demand made by the respondent in Annexure-A for payment of electric charges on the ground that he is not a consumer within the meaning of Section 2 (c) of the Electricity Act, 1910 and he prayed for quashing the demand in Annexure-A.

(2.) IT is case of the petitioner that he is the owner of property bearing No. 42 and 42/1, Dispensary Road, Bangalore which comprises of two shops in the ground floor and residential portion above the shops which he purchased on 2-2-1987. On the date of the purchase, the building was old and dilapidated and there was no power supply to the shop bearing No. 42/1 which was under the occupation of tenant of the previous owner by name Krishnamurthy Varma. The petitioner to the said tenant evicted and took possession of the shop. Subsequently, the officials of the second respondent have demanded payment of alleged dues pertaining to the Krishnamurthy Varma and threatened the petitioner that the electricity supply will be disconnected if the said arrears are not paid. However, the petitioner offered to pay 25% of the alleged arrears under the impression that the same was Rs. 10,000/ -. To the surprise of the petitioner, a letter dated 31-3-1989 demanding a sum of Rs. 49,127. 90 in Annexure-C was received. The petitioner suitably replied stating that no such demand shall be made from the owner when he is not a consumer as there was no privity of contract between him and the Board.

(3.) IN the objections filed by the respondent, it was stated that the petitioner was given a number of notices to show cause why the arrears should not be collected from him and that Section 24 of the Act contemplates disconnection of the electricity supply to the consumer neglecting to pay the arrears. It is therefore contended that the demand was proper and that the respondent is entitled to disconnect the power supply for non-payment of arrears.