Case Note & Summary
The dispute arose from the dismissal of a suit filed by a Private Limited Company engaged in printing, against the disconnection of its power supply due to alleged excess load. The plaintiff claimed to have been operating under a sanctioned load of 100 KW but was found to have a connected load of 190 KW during an inspection conducted on June 14, 1991. The plaintiff contended that it had not been informed of the inspection and denied the findings, asserting that it was only engaged in printing activities. The defendant, however, maintained that the inspection was valid and that the plaintiff was liable for the excess load and associated charges. The trial court, first appellate court, and the High Court dismissed the plaintiff's suit, leading to the present appeal. The Supreme Court, upon reviewing the evidence, found that the plaintiff had not adequately disproven the inspection findings and that the actions taken by the defendant were in accordance with the terms of supply. The court noted that the plaintiff's claims were vague and lacked substantiation, particularly regarding the alleged manufacturing of PVC pipes. Ultimately, the appeal was dismissed, affirming the lower courts' decisions.
Headnote
A) Electricity Law - Sanctioned Load - Exceeding Permissible Load - Electricity Act, 2003, Section Not Mentioned - The plaintiff was found to have exceeded the sanctioned load for Small Industrial Power Consumers, leading to higher tariff charges. The court held that the plaintiff failed to provide evidence to counter the findings of the inspection conducted by the defendant, affirming the dismissal of the suit (Paras 12-15).
Issue of Consideration
Whether the plaintiff exceeded the sanctioned load for Small Industrial Power Consumers and whether the inspection conducted was valid.
Final Decision
The Supreme Court dismissed the appeal, affirming the judgment and order of the High Court dated 18.08.2009, finding no merit in the plaintiff's claims.
Law Points
- Electricity supply
- inspection
- load sanction
- billing
- injunction
