SHINGAR LAMPS LIMITED Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THIS original complaint was filed alleging as follows :

(2.) M /s. Shingar Lamps Ltd. complainant is a limited company registered under the Companies Act. The complaint was filed through its Chief Accountant (Mr. Om Prakash). During the year 1987 -88 the company intended to establish an industry unit at Village Jalaldiwal, Tehsil Raikot, District Ludhiana for the manufacture of fluorescent electric bulbs and tubes. To run the said industrial unit an electricity connection was required for which the complainant company applied to the Punjab State Electricity Board (in short "PSEB") for grant of load of 670 KWs. Since the industrial unit was in a backward rural area and there was no electricity connection nearby or any transformer from which such electric load could be granted, the PSEB asked the complainant that the complainant company would have to bear the expenses of laying the line including erection of heavy duty poles, etc. The PSEB had mentioned to the complainant that PSEB did not have requisite funds to lay the line etc. and, therefore, the expenses for laying the lines and energising the connection would have to bear by the complainant company. The company agreed to bear the expenses for laying down the lines etc. for giving the electric connection. An undertaking was given on behalf of the company by the Managing Director on 11.11.1998 in the following terms :

(3.) THE PSEB filed written statement to the complaint wherein apart from some preliminary objections, it has been averred that the complainant opted to get electric connection from an independent 11 K.V. feeder and had agreed voluntarily to make all payments and bear expenses for laying down the lines etc. to get the electric connection from 11 K.V. feeder. The factory of the complainant is approximately 5 kms from Raikot from where the electric connection from 11 K.V. independent feeder was to be given. No pressure was applied on the complainant. Since there were no funds available with the PSEB it could not have given connection from the 11 K.V. independent feeder and the complainant voluntarily agreed to bear all the expenses for laying down the lines etc. to get the requisite electricity supply from 11 K.V independent feeder. In fact after the release of the connection the complainant had enjoyed the electricity supply regularly for 24 hours a day for almost 10 years. There is no provision under the rules and regulations of the PSEB for the refund of such voluntarily deposits. Reference was also made to Regulation 17.5 of the Sales Regulations specially Regulation 17.5.3. Regulation 17.5 is reproduced hereunder :