RAJASTHAN STATE ELECTRICITY BOARD JAIPUR Vs. SATNARAIN

JUDGEMENT

(1.) This is a second appeal filed on behalf of the appellant defendant against the judgment and decree dated 4-2-1984 passed by the learned District Judge, Sri Ganganagar by which he rejected the first appeal filed by the appellant defendant against the judgment and decree dated 21-7-1981 passed by the learned Munsiff Magistrate, Sri Ganganagar by which he decreed the suit of the plaintiff respondent against the defendant appellant in the terms that in case bill No. 380443 is not paid, the defendant appellant shall not (sic) disconnect the electric connection of the plaintiff respondent.

(2.) This second appeal arises in, the following circumstances :- The plaintiff respondent filed a suit in the Court of Munsiff, Sri Ganganagar on 15-2-1979 for permanent injunction against the appellant defendant stating that there is a shop No. 60, which has electric connection No. A-2/2/185 in the name of Mamchand, who is Uncle of the plaintiff respondent. The defendant appellant supplies the electricity to the consumers. The defendant appellant sent a bill No. 380443 to the plaintiff respondent in the month of Jan. 1979 for Rs. 3567.04, on the basis of average consumption. The case of the plaintiff respondent is that the bill is arbitrary and capricious and the defendant appellant has no right to send the bill on the basis of average consumption. Hence, the bill is illegal and the suit be decreed and no recovery be effected on the basis of that bill. The suit of the plaintiff respondent was contested by the appellant defendant by filing a written statement in the lower Court on 11-7-1979 and it was stated by the defendant appellant in para 3 of the written statement that the meter of the plaintiff respondent since 21-8-1978 was running intermittently and, therefore, average bill for the period from 2-1-1978 to 19-12-1978 for 570 unit per month was prepared, as per the provisions of Condition 19(d)(vii) of the General Conditions of Supply and Scale of Miscellaneous Charges relating to the Supply of Electricity, 1964 (hereinafter referred to as 'Conditions of 1964'). Hence, the bill in question was rightly sent to the plaintiff respondent and he was liable to make payment of the said bill. Therefore, the suit of the plaintiff respondent be dismissed. On the pleadings of the parties, issues were framed on 8-12-1980 by the lower Court and main issue which is in dispute, is issue No. 1. Two witnesses were produced on behalf of the defendant appellant in the lower Court and after recording the evidence, the learned Munsiff, Sri Ganganagar by his judgment and decree dated 21-7-1981 decreed the suit of the plaintiff respondent in the terms as stated above. Against the judgment and decree dated 21-7-1981 passed by the learned Munsiff, Sri Ganganagar, the defendant appellant preferred first appeal in the Court of District Judge, Sri Ganganagar, who by his judgment and decree dated 4-2-1984 rejected the appeal of the defendant appellant and upheld the judgment and decree dated 21-7-1981 passed by the learned Munsiff, Sri Ganganagar. Aggrieved from the judgment and decree dated 4-2-1984 passed by the learned District Judge, Sri Ganganagar, the appellant defendant has preferred this second appeal in this Court.

(3.) This Court on 24-8-1984 while admitting this second appeal framed the following substantial question of law :-