M P ELECTRICITY BOARD JABALPUR Vs. CHHAGANLAL

JUDGEMENT

(1.) This is a revision by the defendant against the order dated 12th December, 1977 of the Court of Civil Judge, Class II, Bilaspur in Civil Suit No. 208-A of 1976.

(2.) The revision has arisen out of the suit filed by the plaintiff/non-applicant herein, for a declaration that the defendants are not entitled to recover Rupees 1,688.06 paise as the energy charges from the plaintiff and for a perpetual injunction restraining the defendants from disconnecting the electric connection of the plaintiff for non-payment of the said amount.

(3.) The case of the plaintiff, as set out in the plaint, was that since the installation of electric service connection Number IP/72, 30 M. P. on the Oil Mill premises of the plaintiff at Bilha, it was being regularly checked by the officials of the defendants and was always found to be in proper order and the defandants werp accepting the payment of monthly bills for the consumption of the electrical energy from the plaintiff according to the consumption of the energy registered by the meter, read, noted and signed by the officials of the defendant; that demand by the defendants vide their supplementary bill, dated 15-9-1976, for consumption of energy from the date of the installation on the ground that the meter was defective and not registering correct consumption, is illegal; there is no defect in the meter and as such the threat of the defendant to disconnect in case of default of payment of the said bill is also unauthoritative.