PUNJAB STATE ELECTRICITY BOARD LUDHIANA Vs. ASHWANI KUMAR

JUDGEMENT

(1.) The Punjab State Electricity Board and its officers are the appellants. They raised a demand for an amount of Rs. 1,90,178,79.00 against the plaintiff-respondent. He filed a suit for permanent injunction restraining the Board and its officers from recovering and realising the said amount. The suit was decreed by the trial Court. The appeal filed by the Board was dismissed. Aggrieved by the judgement and decree of the courts below, the Board and it officers have come up in this second appeal. A few facts may be noticed.

(2.) An electricity connection was given to the plaintiff respondent on 16/01/1983. On 8/05/1984, the meter installed by the Board was removed from the premises of the plaintiff and sealed. After checking the meter, it was reinstalled on 9/05/1984. On 16/01/1985, the flying squad of the Board raided the premises of the plaintiff-respondent. On 18/03/1985, a bill for an amount of Rs. 1,90,478.79.00 representing the charges for the period from December 198 3/01/1985 was issued to the plaintiff-respondent. He, through a communication which was sent by registered post asked for the details. Details were furnished to the plaintiff-respondent vide letter dated 28/03/1985 (Ex. P1), which reads as under :-

(3.) Aggrieved by the demand raised by the defendant-appellants, plaintiff-respondent filed a suit out of which the present appeal has arisen. It has been inter alia averred in the plaint that the defendant-appellant had removed the existing meter of the plaintiff on 8-5-1984 and reinstalled another meter in the premises of the plaintiff on 9-5-1984 with seals duly affixed. This meter was also periodically checked by the Meter Inspector and the SDO during the course of monthly readings and by other officers also who found the meter operative and the seals in order. And nothing was found to be incorrect and out of order in the metering equipments. The plaintiff-respondent further asserted that "some officials of Punjab State Electricity Board visited the premises of the plaintiff in the month of January, 1985 and looked into the electric installations - The defendants did not immediately inform in writing/verbally that the meter equipments already installed at the premises of the plaintiff relating to account No. LS-20 is incorrect or has been tampered with by the consumer plaintiff. Neither any meter for determining the alleged inaccuracy was installed in series with the old meter as provided in Instruction No. 115 of Sales Manual. - The defendants did not cause a test of the said meter carried out on having detected the meter in question of the plaintiff's consumer premises to be out of order or incorrect as provided in Clause No. 14(f) of the abridged conditions of supply of Punjab State Electricity Board - The defendants did not also comply with the provisions of the Indian Electricity Act, 1910 - The Defendants suddenly served the impugned bill No. 44 Book No. 171 dated 18-3-1985 containing the impugned demand of Rs. 1,90,478.79.00 requiring the plaintiff to deposit the same through cheque by 22-3-1985 and in cash by 25-3-1985. This demand has been raised allegedly on the basis of less consumption calculated arbitrarily and capriciously for the period 12/83 to 16-1-1985 as a result of some report of Flying Squad - No notice was served on the plaintiff regarding the alleged less consumption based on some wrong and illegal report of the Flying Squad." It was also alleged that the action was illegal, unwarranted and against the instructions of the Board. On these premises, the demand was challenged.