1997 (3) TMI 625 - SC - Indian Laws

Summary

Issues:
1. Interpretation of statutory rules issued by the Electricity Board.
2. Jurisdiction of Civil Court in disputes related to electricity supply.
3. Remedies available to consumers under the Indian Electricity Act.
4. Payment of disputed amount in installments.

Analysis:
1. The judgment revolves around the interpretation of statutory rules issued by the Electricity Board regarding the resolution of disputes related to electricity supply. The Court highlighted various circulars issued by the Board, emphasizing the procedure to be followed in cases of faulty meters, default in payment, and review of compensation amounts. These rules were aimed at expeditiously resolving disputes to prevent undue hardship to consumers while ensuring efficient functioning of the Board.

2. The Court examined the jurisdiction of the Civil Court in matters concerning electricity supply disputes. It was noted that the Civil Court should not entertain suits seeking injunctions without first directing the parties to avail themselves of the remedies provided under the Indian Electricity Act and the instructions issued by the Board. The Court emphasized that the statutory circulars outlined a fair procedure to be followed, and by implication, the cognizance of civil causes was excluded.

3. Regarding remedies available to consumers, the Court addressed the contention that the authorities did not hear parties or provide reasoned orders, which could justify resorting to a civil suit. The Court rejected this argument, stating that the statutory instructions mandated authorities to consider objections, pass reasoned orders, and allow for appeals. Consumers were directed to utilize the appeal process before seeking judicial intervention.

4. Lastly, the Court dealt with the issue of payment of a disputed amount in installments. Acknowledging the genuine request of the respondent and the difficulty in paying a lump sum, the Court allowed the respondent to pay the amount in six monthly installments. In case of success in appeal or proceedings, the Board was directed to refund the amount with interest.

In conclusion, the judgment clarified the application of statutory rules in electricity supply disputes, delineated the jurisdiction of the Civil Court, emphasized the need for consumers to exhaust internal remedies before approaching the court, and provided a solution for the payment of disputed amounts in installments to alleviate financial burden.