KARNATAKA ELECTRICITY BOARD Vs. S A BHAGAWAN SETTY

JUDGEMENT

(1.) Karnataka Electricity Board (now known as BESCOM) Petitioners in this case has come in revision against the order of the District Forum, upheld in toto by the State Commission to refund with interest an amount of Rs.76,608/- alongwith interest to S A Bhagwan Setty (Respondent in this case).

(2.) Briefly, the facts of the case according to the Petitioners are that the Respondent had obtained from the Petitioners a low tension power line for running a Cotton Ginning and Pressing Factory at Chitradurga since 1985-86. Due to non-availability of raw material for the factory, Respondent requested the Petitioner to permanently disconnect the power supply on 16.04.1988. In response to the request, Petitioner disconnected the power supply on 22.04.1998. As per the scheme under the relevant Regulations of the Karnataka Electricity Board Electric Supply Regulations 1988, there is a requirement of 3 months notice by a customer or minimum charges payable. Because, the Respondent failed to give three months notice to disconnect electricity, the Respondent was required to pay minimum charges for three months at Rs.76,680/- which was collected from the Respondent on 22.04.1998 (Regulation 33.05 of the said Regulations). Respondent was subsequently refunded the security deposit paid by him at the time of obtaining the electricity connection of Rs.86,311/- on 29.07.2000.

(3.) Respondent while confirming that he had requested for disconnection of electricity on 22.04.1998, stated that the Petitioners could not legally demand Rs.76,680/- and the Respondent was forced to pay the amount, so that the Petitioners would refund him the large security deposit of Rs.86,311/-. However, even then the Petitioners did not refund the security deposit amount till ordered to do on 30.07.2000 by the Vidhyut Adalat. However, the Vidhyut Adalat, did not issue any directive regarding returning the amount of Rs.76,682/- on grounds of lack of jurisdiction in the matter.