Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1910-Section 26(6) Electricity Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Electricity Act, 1910-Section 26(6)-Electric meter-Burnt on two occasions and allegedly found slow on two occasions-Replacement of meters by electricity supplier without referring the matter to Electrical Inspector-Bill revised on the basis of average consumption in preceding year and demand raised-Challenged in Writ Petition-Dismissal by Single Judge of High Court-LPA allowed by Division Bench of High Court-On appeal, held: Section 26(6) is applicable for the period when the meter was alleged to be incorrect, but is not applicable when the meter became non-functional due to its getting burnt-Hence, demand on the basis of average consumption of preceding year is justified for the period when the meter was burnt-But not for the period when the meter was found incorrect due to non-compliance with the provision u/s. 26(6)-Electricity Rules, 1956-Rule 57. Appellant supplied electricity to the respondent-Consumer. One of the meters installed at the premises of the respondent got burnt. After its replacement, on routine checking, the same was found to be running slow and hence was replaced. Again the replaced meter was found to be slow and was further replaced which also got burnt. Appellant had removed the meters without referring the matter to the Electrical Inspector u/s. 26(6) of Electricity Act, 1910. During the period for which the meter was alleged to have recorded incorrect reading, bills had been regularly sent on the basis of reading, recorded by meter and the same were duly paid by the respondent. Appellant revised the bills on the basis of pattern of consumption in the preceding one year and raised demand. As the respondent did not pay the amount, a notice of disconnection was sent. Challenging the notices of demand and disconnection, the respondent filed Writ Petition. The same was dismissed by Single Judge of High Court on the ground that since the respondent-consumer had not raised the dispute u/s. 26(6), appellant was entitled to replace the defective meter and raise demand on the basis of average consumption in the previous year. Allowing the Letters Patent Appeal of the respondent, Division Bench of the High Court held that since the correctness of the meter was disputed by the appellant, it should have referred the dispute u/s. 26(6), and that appellant having not done so, it was not open to it to raise the bill on the basis of average consumption of preceding year. Hence the present appeal. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2005 INSC 221 |
Petitioner | Bombay Electric Supply And Transport Undertaking |
Respondent | Laffans (i) Pvt. Ltd. And Anr. |
SCR | [2005] 3 S.C.R. 785 |
Judgement Date | 2005-04-21 |
Case Number | 3615 |
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