LAWS(NCD)-1992-7-65

TRIVENI INDUSTRIES Vs. KARNATAKA ELECTRICITY BOARD

Decided On July 24, 1992
TRIVENI INDUSTRIES Appellant
V/S
KARNATAKA ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) THE grievance of the complainant is mainly two-fold. Firstly, that the electricity connection to the complainant's factory has been illegally disconnected by the Karnataka State Electricity Board. Admittedly the disconnection complained against, took place in 1987. The present action which has been brought only in 1992, is clearly barred by limitation and no relief can be granted to the complainant in respect of the disconnection forming the basis of this complaint-petition.

(2.) THE second point urged is that there has been excess billing as against the complainant in respect of electricity consumed in his factory during the period from 1979 to 1986. Apart from the fact that any relief in respect of the recovery of excess payments made during the aforesaid period has become clearly barred, by the time this complaint was instituted, a suit has also been instituted by the complainant in the Munsiff's Court, Koppal seeking relief in respect of the aforesaid recoveries of alleged excess amount and it is pending adjudication before that Court. The matter is thus sub judice. In these circumstances, we have to hold that the complainant is not entitled to any relief in respect of the second item of grievance put forward in the complaint petition also. In the result, the complaint petition is dismissed. There will be no order as to costs.