Case Note & Summary
The case involved a dispute regarding the electricity charges payable by the appellant, M/s. Carborundum Universal Ltd., to the respondent, Special Officer (Revenue) KSEB and others. The appellant had initially raised multiple contentions but ultimately focused on the applicability of clause (1) of the Board’s order dated 14/10/1988, which outlined the electricity charges. The respondent pointed to clause (5) of the same order, which stipulated a higher charge for special allocations during power cuts. The court noted that the power cut had been lifted on 14/8/1986, and therefore, the conditions of clause (5) were not applicable. The court concluded that the appellant should be charged according to clause (1) of the Board’s order, directing that the charges be calculated in a specified ratio based on actual consumption. The appeals were disposed of accordingly.
Headnote
A) Electricity Law - Electricity Charges - Applicability of Board's Order - Electricity Act, 2003 - The appellant contended that they should be charged as per clause (1) of the Board’s order, while the respondent argued for clause (5) due to special allocation during power cuts. The court held that since the power cut was lifted and clause (5) was not applicable, the appellant should be charged under clause (1) of the order. (Paras Not mentioned).
Issue of Consideration
Whether the appellant is liable to pay electricity charges as per clause (1) of the Board’s order or clause (5) applies.
Final Decision
The court directed that the appellant shall be charged electricity charges in terms of clause (1) of the Board’s order D.O. No. Plg.Cost.902/PC/86 dated 14/10/1988 in the ratio 25:75 on the actual consumption.
Law Points
- Electricity charges
- Board's order
- special allocation of power
- power cut period
- clause interpretation
