M.P.E.B. & OTHERS versus SMT. BASANTIBAI

M.P.E.B. & OTHERS versus SMT. BASANTIBAI

Dispute regarding whether a meter is correct or faulty must be decided by Electrical Inspector under section 26(6). The Board cannot issue a supplementary bill or threaten disconnection pending such decision. Allegation of fraud, not substantiated, cannot oust Inspector's jurisdiction.

Parties
Appellant: M.P. Electricity Board; Respondent: Smt. Basantibai
Jurisdiction
India
Judgment Date
10 November 1987
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Order
Outcome
Appeal dismissed
Legal Topics
Meter Disputes, Jurisdiction of Electrical Inspector, Supplementary Electricity Bills, Fraud Allegations in Meter Tampering
Electricity Law Meter Disputes Jurisdiction of Electrical Inspector Supplementary Electricity Bills Fraud Allegations in Meter Tampering

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Parties

M.P. Electricity Board

Appellant

Smt. Basantibai

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Order

Legal Issues

  1. 1 Whether dispute regarding correctness or defect of electricity meter falls within Electrical Inspector's jurisdiction under section 26(6), Indian Electricity Act, 1910
  2. 2 Whether Electricity Board is competent to prepare and issue supplementary bills pending determination of meter correctness by Electrical Inspector
  3. 3 Whether an allegation of fraud in meter tampering removes dispute from Electrical Inspector's jurisdiction

Ratio Decidendi

Dispute regarding whether a meter is correct or faulty must be decided by Electrical Inspector under section 26(6). The Board cannot issue a supplementary bill or threaten disconnection pending such decision. Allegation of fraud, not substantiated, cannot oust Inspector's jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • Order of High Court affirmed
  • Board directed to reconnect and restore electricity supply by installing another meter