SUPERINTENDING ENGINEER SOUTH ARCOT ELECTRICITY SYSTEM TAMIL NADU ELECTRICITY BOARD VILLUPURAM Vs. RAJU INDUSTRIES

JUDGEMENT

(1.) THE defendant is the appellant herein.

(2.) THE plaintiff's case is that he is running an industry, known as Raj Industries. THE service connection is No. 21. THE defendant without following any procedure, disconnected the service connection. For restoration of the same, the plaintiff filed a suit in the vacation court in O. S. No. 44 of 1983 and the suit was transferred to the file of the District munsif, Villupuram. For restoration of service connection, the plaintiff paid a sum of Rs. 40 and reconnection was effected on 19. 6. 1983. THE plaintiff is not liable to pay the charges. After the disconnection of service, the factory was closed down for a month. Considering the plight of the workers, the reconnection charge was deposited, and reconnection was obtained. THE disconnection was on 20. 5. 1983. THE reconnection was on 19. 6. 1983. Till reconnection was effected, the factory did not work, whileso, the defendant has called upon the plaintiff to pay a sum of Rs. 1,050 towards the consumption charges for the said period and is threatening to disconnect the service. Hence the suit.

(3.) CLAUSE 31 of the terms and conditions of supply, which governs the parties herein, reads as follows: - 'minimum charges shall be payable by the consumer as specified in the tariffs for different categories of consumers. This obligation shall be absolute. The minimum charges will be payable by the consumer even if no electricity is consumed, for any reason whatsoever and also if the charges for electricity actually consumed are less then the minimum charges. The minimum charges will be payable even if electricity is not consumed because supply has been disconnected by the Board because of non payment of electricity charges, pilferage, or other malpractice or for any other valid reason.'