Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Electricity Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Electricity Act, 2003 (36 of 2003) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Electricity Act, 2003– ss.2(15), 42(5) and 56– Agreement for supply of high-tension electricity connection – Bills raised w.r.t sum categorised as Annual Minimum Guarantee (AMG) and other charges – Non-payment/part payment – Supply disconnected on 08.09.2006 – Consumer Grievances Redressal Forum inter alia held disconnection as legal – Appellant challenged jurisdiction of the forum – Supply continued to be disconnected occasionally, despite the order of forum restraining the appellant, and bills kept being raised – Eventually, Single Judge inter alia held that disconnection without considering the request for instalments was unwarranted and such default on respondent’s part did not constitute “neglect to pay” u/s.56 – Affirmed by Division Bench – Held: Term ‘consumer’ is defined in s.2(15) – Respondent fits this description – No reason to denude it of its locus to approach the forum – Object of use of electricity may be to produce items for sale, but its consumption by respondent was for their own factory – Further, there is no dispute on respondent’s obligation to pay AMG charges, at least so far as first bill is concerned – However, its representation for instalment was in the nature of a mercy plea – Thus, the finding of High Court that the consumer did not neglect to pay warranting the disconnection in s.56, not accepted – But, eventually instalment was granted subsequent to the period of disconnection– Thus, once respondent’s plea for payment in instalment was accepted and agreement was entered into for clearing the dues, it demonstrated its willingness to pay the dues in a manner acceptable to the appellant – High Court rightly found that the act of disconnection on 08.09.2006 was arbitrary – Judgment of Division Bench sustained – Consumer Grievance Redressal Forum and Electricity Ombudsmen Regulation, 2006 – Clause 2(1)(g) |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2020 INSC 371 |
Petitioner | Bihar State Electricity Board Etc. |
Respondent | M/s Iceberg Industries Ltd. And Others Etc. |
SCR | [2020] 6 S.C.R. 231 |
Judgement Date | 2020-04-27 |
Case Number | 7649-7651 |
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