Case Note & Summary
The dispute arose from a penal bill issued by the Western Electricity Supply Company of Orissa Ltd. to M/s Baba Baijanath Roller and Flour Mill Pvt. Ltd. for alleged tampering with the electricity meter. The High Court of Orissa had quashed the bill and the inspection report, citing violations of natural justice and the absence of the consumer's representative during the inspection. The respondent claimed that the meter was defective and that the bill was excessive compared to their usual monthly charges. The appellant contested this, arguing that the inspection revealed tampering and that the respondent had not followed the proper procedure to challenge the bill. The Supreme Court found that the High Court had erred in its application of Section 26(6) of the Indian Electricity Act, 1910, which pertains to disputes over meter correctness, as the case involved allegations of fraud. The Court emphasized that the inspection was conducted in the presence of the respondent's representative, and the findings of tampering were valid. The Supreme Court allowed the appeal, dismissed the writ petition, and set aside the High Court's order, reinstating the penal charges against the respondent.
Headnote
A) Electricity Law - Tampering with Meter - Applicability of Section 26 - Allegations of tampering with the meter do not fall under Section 26(6) of the Indian Electricity Act, 1910 - The court held that the High Court erred in applying Section 26(6) as the case involved allegations of fraud and tampering, which are outside its purview. The inspection was conducted in the presence of the consumer's representative, and the findings of tampering were valid. - Indian Electricity Act, 1910, Section 26 - Held that the High Court misconstrued the facts and provisions of law (Paras 12-15).
Issue of Consideration
Whether the High Court erred in quashing the penal bill and inspection report issued by the appellant for alleged tampering with the electricity meter.
Final Decision
The Supreme Court allowed the appeal, dismissed the writ petition filed by the respondent, and set aside the High Court's order, reinstating the penal charges against the respondent.
Law Points
- Electricity theft
- tampering with meter
- principles of natural justice
- Section 26 Indian Electricity Act
- 1910
- Orissa Electricity Regulatory Commission Distribution Code
- 1998
