Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | in case of tampering of meter Electricity Act 1910: s.26 - Applicability of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Electricity Act, 1910: s.26 - Applicability of, in case of tampering of meter- Held: s.26 is applicable only when there is any difference or a dispute in connection with correctness of a meter - In that case, upon being applied by either party, the matter has to be decided by an Electrical Inspector and if in the opinion of the Inspector the meter is found to be defective, the Inspector shall estimate the amount of energy supplied to the consumer or the electrical quantity contained in the supply during such time not exceeding six months - But if there is a question of fraud in tampering with the meter, in that case there is no question of applicability of s. 26 of the Act - In the instant case, the respondent never asked or applied for checking of the meter by the Electrical Inspector on the ground of defective meter - Therefore, the ingredients of s.26(6) were not followed by the respondent to meet the necessity of checking the meter in question in accordance with the said provision - The inspection was made in the presence of the representative of the respondent who was a Manager of the said company and in his presence the meter was checked up and was found to be tampered with - Electricity supply company was right in raising penal charges and penal bill on the respondent on the ground of unauthorised consumption by way of tampering the metering equipment. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2014 INSC 207 |
Petitioner | Western Electricity Supply Co. Of Orissa Ltd & Ors. |
Respondent | M/s Baba Baijanath Roller And Flour Mill P. Ltd. |
SCR | [2014] 4 S.C.R. 121 |
Judgement Date | 2014-03-26 |
Case Number | 4023 |
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