Case Note & Summary
The appellant, Kaushik Sandeepan Gaikwad, was running an ice factory in Mohol with a high power LT electric connection of 60 HP from the Maharashtra State Electricity Board (MSEB). He paid bills regularly based on actual consumption of 48 HP. On 22 November 2000, a flying squad of MSEB visited his premises and inspected the meter. They formed an opinion that the meter was recording 50% less consumption than actual, though no tampering or theft was found. Based on this report, MSEB issued a supplementary bill dated 15 February 2001 for Rs.2,69,059.14 with interest and penalty. The appellant requested replacement of the old meter on 23 February 2001 and paid subsequent bills under protest to avoid disconnection. His grievances were not considered, and a notice was issued on 5 July 2001 to deposit the amount within 8 days. He filed a suit before the Civil Judge, S.D., Solapur seeking a declaration that the supplementary bill was illegal, an injunction restraining disconnection, and refund of excess recovery of Rs.1,11,000. The trial court dismissed the suit. In appeal, the appellant's counsel argued that the flying squad report was not signed by the appellant or any independent witness, making it unreliable. The court examined the report and found it was signed only by the flying squad members. The court held that such a report cannot be relied upon as evidence, and the supplementary bill was illegal. The court allowed the appeal, set aside the trial court's judgment, and decreed the suit with a declaration that the supplementary bill was illegal and an injunction against disconnection for non-payment of that bill. The court also ordered refund of any amount recovered in excess of regular bills.
Headnote
A) Electricity Law - Supplementary Bill - Validity of Flying Squad Report - The court considered whether a supplementary bill for Rs.2,69,059.14 based on a flying squad report alleging meter recording 50% less consumption was sustainable when the report was not signed by the consumer or any independent witness. The court held that such a report cannot be relied upon as evidence, and the bill was illegal. (Paras 4-6) B) Evidence Law - Burden of Proof - Electricity Board - The burden to prove meter tampering or theft of energy lies on the Electricity Board. In the absence of credible evidence, the consumer's regular payment of bills and request for meter replacement must be considered. (Paras 4-6) C) Civil Procedure - Appeal - First Appeal - The appellate court can re-appreciate evidence and set aside findings of the trial court if they are based on no evidence or erroneous appreciation. (Para 6)
Issue of Consideration
Whether the supplementary bill raised by MSEB based on a flying squad report alleging meter recording 50% less consumption was valid when the report was not signed by the consumer or any independent witness.
Final Decision
Appeal allowed. The judgment and decree of the trial court are set aside. The suit is decreed with a declaration that the supplementary bill dated 15-2-2001 for Rs.2,69,059.14 is illegal. The respondents are restrained from disconnecting the electricity supply for non-payment of the said supplementary bill. Any amount recovered in excess of the regular bills shall be refunded to the appellant.
Law Points
- Electricity supply
- supplementary bill
- flying squad report
- evidence
- burden of proof
- meter tampering
- consumer protection
