NAGAR GURGAON Vs. PRABHY DAYAL

JUDGEMENT

(1.) Whether the tariff for the Low Tension Industrial Power Supply is leviable for an agricultural pumping connection used for flori-culture This is the solitary though somewhat significant question herein.

(2.) The Haryana State Electricity Board has chosen to prefer this appeal against the order of the District Forum, Gurgaon allowing the respondent-consumer's complainant. Therein it had been alleged that he had obtained an electricity connection No. S-432-AP for his tubewell for irrigation and installed an electric motor of 3 Horse Power therein. The case was that he had a marginal land holding of 1 acre and had, regular in paying the electricity charges raised against him. However to his consternation he received a bill dated 9th of June, 1993 for Rs.3523/- and it was his case that no arrears were due and the impugned bill was wrong and incorrect.

(3.) On notice being issued the appellant-Board took up the plea that on the 21st of November, 1992 the Meter Reader had found the meter sticky and also that the electricity connection was being used for growing flowers for the purpose of garden and nursery. It was the case that on his report Mohinder Singh, AFM was deputed to check the same, who also submitted a report about the energy was being used for growing flowers. Consequently because the electricity was allegedly used not for agricultural purpose, but for flori-culture it was billed at the industrial tariff rate.