- (1.) This appeal has been preferred against the judgment and decree dated 12.1.2001 passed in Regular Second Appeal No.1618 of 1998 by the High Court of Punjab & Haryana at Chandigarh, reversing the judgment and decree of the trial Court, as well as of the First Appellate Court. Facts:
(2.) Facts and circumstances giving rise to this appeal are that the Municipal Committee, Hoshiarpur (hereinafter called the 'appellant') had taken an electricity connection on 15.6.1992, for running a tubewell, from the Punjab State Electricity Board (hereinafter called the 'Board'), for supplying water for daily use to the public of the locality at large. The average bill for the consumption of electricity of the said connection used to be around Rs.5,000/- per month and the said amount was paid regularly by the appellant. A bill dated 11.3.1994 to the tune of Rs.82,300/- was served upon the appellant by the Board. As the bill was very high, the appellant instead of making the payment, filed suit No. 304 of 1994 before the Civil Court challenging the said bill. The Board contested the Suit by filing a written statement contending that the connection had not been made properly and on checking, one of the Current Trap Potents (hereinafter called 'CT') was found to be reversed, thereby nullifying the action of second CT, as a result of which only one CT was contributing to the recording of the energy actually consumed. The meter was showing only 1/3rd of the actual consumption of the energy, and once the proper connection was made, the reading of the meter jumped three times. In view thereof, the account of the said meter was overhauled from the date of its installation and the fresh bill was rightly issued. The appellant filed a replication contending that no opportunity of hearing was given to it before revising the bill nor was the checking/inspection done in the presence of any responsible officer of the appellant. No notice was ever given by the Board to the appellant for inspection. More over, the appellant was not in a position to pass on the liability to its consumers.
(3.) After considering the facts and circumstances of the case and appreciating the evidence on record, the trial Court vide its judgment and decree dated 22.5.1995, decreed the suit. The trial Court came to the conclusion that appellant had not made any attempt to tamper with the meter nor committed theft of energy. The defect was due to the negligence of the Board, and the appellant could not be burdened for the same. The trial court declared the said revised bill as null and void. Being aggrieved, the respondent-Board preferred an appeal before the District Judge and the same was dismissed vide judgment and decree dated 30.9.1997, holding that there was no justification for the respondent-Board to issue a supplementary bill arbitrarily.;