MAHARASHTRA STATE ELECTRICITY BOARD Vs. SUREKA INDUSTRIES

JUDGEMENT

(1.) At the first hearing on 29-11-2002 this Court has noticed the respondent that this appeal shall be decided at the admission stage since the only question which is to be decided is as to whether costs which are awarded are excessive or not. Appeal is admitted, and by dispensing Paper Book, the appeal is heard finally by consent of parties.

(2.) Appellants herein who are original defendants are challenging the exemplary cost of Rs. 25,000/- levied on them to be paid to the respondents original plaintiff) by judgment and decree dated 30-3-2001, passed by Civil judge, Senior Division, Khamgaon, in Special Civil Suit Nb. 75/1995.

(3.) The respondent is a proprietary concern doing the business of Oil Mill and who is a consumer of the appellant M. S. E. B. The controversy in this matter arose when the defendants issued a letter dated 19-10-1995 to the plaintiff for recovery of Rs. 2,80,650. 97 on the ground that defendants. have issued electricity bill to the plaintiffs taking into account a wrong multiplying factor, i. e. , '1' instead of '2', for the consumption of electricity by plaintiff Oil Mill between december, 1993 to August, 1995. This discrepancy in the setting of wrong multiplying factor in the meter was found by the flying squad of the defendants and was recorded in their report dated 20-9-1995. The said squad also found that the functioning of the meter was stopped though the mill was working. Accordingly the said letter claiming difference of under-billed amount along with the fresh bill was issued to the plaintiffs. Though the disputed bill is dated 6-11-1995, in which the due date of payment was shown as 30-10-1995.