RAJASTHAN STATE ELECTRICITY BOARD Vs. P P INDUSTRIES

JUDGEMENT

(1.) By this appeal under Sec. 96, CPC, the defendant-appellant has challenged the judgment and decree dated 4-10-1999 passed by learned Addl. District Judge No. 1, Bikaner, in Civil Suit No. 41 / 99, whereby the suit of the plaintiff-respondent for declaration and permanent injunction was decreed with cost by order dated 4-10-1999 and it was ordered that the defendant-appellant has no right to recover the amount of the disputed bill amounting to Rs. 1,58,700.64 as the said amount is not reasonably due against him. The Court also restrained the defendant-appellant from recovering the said amount and directed the defendant-appellant not to disconnect the electric supply of the plaintiff respondent on the ground of not depositing the said amount by the plaintiff-respondent.

(2.) In the suit filed, the plaintiff-respondent averred that the plaintiff is engaged in the manufacture of polythene bags and has taken the electric connection bearing No. 151-0036, the defendant has installed meter for measuring the electricity consumed and the defendant is liable to take care and maintain the meter. It was further averred in the plaint that the officers of the defendant unexpectedly inspected premises of the plaintiff on 8-8-1997 without giving any information and found the seals of meter and the meter itself in good running condition even then the officers of the defendant made illegal demands to which the plaintiff did not agree then the officers told the plaintiff that the meter was running slow to which the plaintiff objected but they did not pay any heed to it. It is also averred that after a silence of about two months the officers of the defendant sent a letter dated 22-10-1997 and on the basis of so-called slow speed of the meter demanded a sum of Rs. 1,10,297 to which the plaintiff replied. The plaint further states that after 22-10-1997 the defendant kept mum and sent a bill for the month of March 1998 in which Rs. 1,58,700.64 were added on the basis of slow running of the meter and demanded to deposit the amount of the said bill uptil 21-3-1998/23-3-1998. It is said that Shri Kiranchand Chordiya, the Manager of the plaintiff on 13- 3-1998, after receipt of the said bill met the concerned authority and asked to deduct the amount of Rs. 1,58,700.64 from the said bill then the authority clearly stated to deposit the amount of bill before 23-3-1998 else the electricity would be disconnected. The plaintiff contended that the defendant had no right to recover a sum of Rs. 1,58,700.64 from the plaintiff as the demand raised was illegal, against law and void for the following reasons: 1. That by the letter dated 22-10-1997 a demand of Rs. 1,10,297 was made while the bill for the month of March 1998 was raised demanding a sum of Rs. 1,58,700.64 but how the amount of Rs. 1,10,297 became Rs. 1,58,700.64 was not accounted and explained. 2 That the meter was installed by the defendant and it was the responsibility of the defendant to maintain and repair it as per needs as the defendant is charging rent for it and according to the provisions of Sec. 26 Electricity Act the responsibility of the plaintiff is only for the payment of consumption of electricity according to the meter.

(3.) That the officers of the defendant of the rank of Junior Engineer have been coming to the premises of the plaintiff for meter reading however they never complained about slow running of the meter.