UNIVERSAL CYCLE ACESSORIES Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) DEFENDANTS in suit O.S. No.75 of 1986 and plaintiffs in O.S. No. 220 of 1987, are the appellants in both the above appeals.

(2.) THE Tamil Nadu Electricity Board filed the suit O.S No.75 of 1986 for recovery of a sum of Rs.44,851.95 with interest, representing the minimum monthly current consumption charges during the relevant year. THE suit was decreed and the first appeal A.S. No. 179 of 1989 is against this judgment and decree.

(3.) LEARNED counsel Mr. Anbumani appearing on behalf of the appellant contended that the appellant is not liable to pay the minimum charges in view of the quota system introduced during the period of power cut and restricted supply. In any event, according to him, the appellant cannot be asked to pay the minimum charges even after disconnection and even when they have not utilised the electricity supply. He further submitted that under two sets of circumstances, the guaranteed minimum payable will have to be reduced, i.e., (i) when the consumer is not able to take the electrical energy due to force majure circumstances and (ii) when the Board is not able to supply electrical energy as per the agreement due to force majure circumstances. According to him, the courts below failed to interpret Clause 12 of the agreement properly. He has also referred to the proceedings of the Board B.P. Ms. No. 3 (Accounts) dated 20.9.1979 regarding dismantling of the service connection and submits that for the failure on the part of the Board in not dismantling the service connection within three months from the date of disconnection, the appellant cannot be made liable. He also submits that the industry has become sick and has been closed from the date of disconnection. According to him, the orders of the Board are unconscionable, unreasonable and against the principles of natural justice.