BELWAL SPINNING MILLS LTD. ETC. ETC. versus U.P. STATE ELECTRICITY BOARD AND ANR. ETC. ETC.

BELWAL SPINNING MILLS LTD. ETC. ETC. versus U.P. STATE ELECTRICITY BOARD AND ANR. ETC. ETC.

Upon a dispute being referred under Section 26(6) of the Electricity Act, only the Electrical Inspector may determine the correctness and estimate energy supplied for a period not exceeding six months prior to the dispute. For earlier periods, meter readings are conclusive proof, unless fraud by the consumer is shown. Licensee cannot revise electricity bills for periods beyond the statutory estimation period based on the check-meter; demands contrary to this are invalid.

Parties
Appellant: Belwal Spinning Mills Ltd.; Respondent: U.P. State Electricity Board; Respondent: Another party (unspecified)
Jurisdiction
India
Judgment Date
10 July 1997
Procedural Posture
Civil Appeal / Final Judgment After Appeal From High Court Orders
Outcome
Appeal allowed; High Court judgment set aside for the Belwal Spinning Mills Ltd. cases; other appeals dismissed.
Legal Topics
Electricity Meter Correctness, Electrical Inspector's Powers, Estimation of Electricity Consumption, Statutory Interpretation of Electricity Act
Electricity Law Electricity Meter Correctness Electrical Inspector's Powers Estimation of Electricity Consumption Statutory Interpretation of Electricity Act

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Parties

Belwal Spinning Mills Ltd.

Appellant

U.P. State Electricity Board

Respondent

Another party (unspecified)

Respondent

Procedural Posture

Civil Appeal / Final Judgment After Appeal From High Court Orders

Legal Issues

  1. 1 Whether Section 26(6) of the Electricity Act restricts estimation of electricity consumption to six months if meter is found incorrect
  2. 2 Whether the licensee can revise electricity bills for periods beyond the statutory estimation period
  3. 3 The effect of amendment in Section 26(6) regarding conclusive proof for earlier billing periods

Ratio Decidendi

Upon a dispute being referred under Section 26(6) of the Electricity Act, only the Electrical Inspector may determine the correctness and estimate energy supplied for a period not exceeding six months prior to the dispute. For earlier periods, meter readings are conclusive proof, unless fraud by the consumer is shown. Licensee cannot revise electricity bills for periods beyond the statutory estimation period based on the check-meter; demands contrary to this are invalid.

Court Disposition

Appeal allowed; High Court judgment set aside for the Belwal Spinning Mills Ltd. cases; other appeals dismissed.

Orders

  • Appellant liable to pay estimated amount as determined by Electrical Inspector under Section 26(6) for statutory period.
  • For earlier periods, appellant liable only on basis of meter reading; respondent precluded from raising contrary demands.