PUNJAB NATIONAL BANK Vs. BSES RAJDHANI POWER LTD.

JUDGEMENT

(1.) PLAINTIFF by the present suit seeks declaration and permanent injunction for quashing of the Supplementary Bill dated 22.4.2006 (Ex.PW1/4) issued by the defendant for a sum of Rs. 2,70,52,200.87/ -. Plaintiff is the consumer of the electricity and the defendant is the licensee supplying electricity in the area in which the plaintiff is situated. The supplementary bill was raised by the defendant for the period from July, 2002 to 31.3.2006 on the ground that in this period the defendant billed the plaintiff only for half the units consumed instead of the full units and this was a mistake which occurred on account of the officers of the defendant wrongly noting/specifying the CT ratio of the CT meter as 150/5 AMPs instead of 300/5 AMPs.

(2.) THE facts of the case are that the defendant substituted the old electro mechanical meter fixed in the premises of the plaintiff with a new electronic meter on 23.4.2003. Plaintiff is a High Tension (HT) consumer as it has a sanctioned load of 1710.05KW for the meter fixed at the plaintiff's premises at 7, Bhikhaiji Cama Place, New Delhi. A cable fault developed in the HT cable supplying electricity to the premises of the plaintiff on 19.4.2006. The defendant did the repair work on 20.4.2006 and 21.4.2006, reports exhibited as Ex.PW1/2 and Ex.PW1/3. Officers of the defendant at the time of the repair work noticed that the CT ratio is wrongly noted on the metering equipment as 150/5 AMPs whereas it should have been 300/5 AMPs and which resulted in the plaintiff only being billed for half the units consumed. The defendant therefore issued on 22.4.2006 its subject Supplementary Bill and which is questioned by the present suit.

(3.) THE relevant paras of the plaint containing the cause of action as pleaded are paras 4 to 16 of the plaint and out of these paras, the most relevant paras are paras 4, 6 to 10 and 12 to 16. These paras read as under: -