BIHAR STATE ELECTRICITY BOARD versus M/S. BIJOY MINING COMPANY LTD. AND ORS .

BIHAR STATE ELECTRICITY BOARD versus M/S. BIJOY MINING COMPANY LTD. AND ORS .

Unless an application is made to the competent authority (Chief Engineer) to investigate erratic supply, the Board is entitled to demand and consumer is obliged to pay the minimum guarantee amount; proportionate deduction to be given if the Board is found responsible after enquiry by the Chief Engineer.

Parties
Appellant: Bihar State Electricity Board; Respondents: M/s. Bijoy Mining Company Ltd. and Ors.
Jurisdiction
India
Judgment Date
15 July 1996
Procedural Posture
Civil Appeal / Appeal Against Patna High Court Order Dated 21.9.93 in CWJC No. 2811/1993
Outcome
Order of High Court set aside; liberty to consumer to apply to Chief Engineer; Chief Engineer to investigate and grant proportionate deduction if Board responsible; appeal ordered; no costs.
Legal Topics
Minimum Guarantee Charges, Erratic Supply, Contractual Obligations, Proportionate Deduction
Electricity Law Contract Law Minimum Guarantee Charges Erratic Supply Contractual Obligations Proportionate Deduction

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Parties

Bihar State Electricity Board

Appellant

M/s. Bijoy Mining Company Ltd. and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Patna High Court Order Dated 21.9.93 in CWJC No. 2811/1993

Legal Issues

  1. 1 Whether the Electricity Board can issue minimum guarantee charge bill without proportionate deduction when erratic supply is alleged
  2. 2 Whether application to the competent authority is required for investigation into erratic supply

Ratio Decidendi

Unless an application is made to the competent authority (Chief Engineer) to investigate erratic supply, the Board is entitled to demand and consumer is obliged to pay the minimum guarantee amount; proportionate deduction to be given if the Board is found responsible after enquiry by the Chief Engineer.

Court Disposition

Order of High Court set aside; liberty to consumer to apply to Chief Engineer; Chief Engineer to investigate and grant proportionate deduction if Board responsible; appeal ordered; no costs.

Orders

  • Respondents may make an application within one month to Chief Engineer, Electricity Board.
  • Chief Engineer to enquire and decide on proportionate reduction.