- (1.) Leave granted. Heard the learned Attorney General and Shri Ashwini Kumar for the appellant and Sri Harish Salve for the respondents.
(2.) Common questions arise in these appeals. For the sake of convenience, we would refer to the facts in civil appeal arising out of S.L.P. (C) Nos. 14140-47 of 1991. The appeal is directed against the judgment and order of a Division Bench of the Delhi High Court dismissing the appeal preferred by the appellant, Municipal Corporation of Delhi (DESU) - as well as the cross-objections preferred by the respondent. The appeal and cross-objections were preferred against the judgment of a learned single Judge of the Delhi High Court dated 21st November, 1990 allowing the petition - and a large number of similar petitions - filed by the respondent - and other consumers - under Section 20 of the Arbitration Act and referring the dispute between the parties to arbitration. The learned single Judge directed further that pending the arbitration proceedings before the Arbitrator, the consumer shall not be made to deposit the disputed amount. It was, however, observed that in case it is ultimately held that the consumer is liable to pay the said disputed amount, he shall pay the same with interest @ 12% p.a.
(3.) The respondent is a consumer of electricity. He had applied for Mixed Load (HT) Connection for 'non-industrial' purposes. The dispute between the parties is with respect to the calculation of the tariff amount / consumption charges payable by the respondent each month. In short, the dispute pertains to interpretations of the relevant tariff condition in the Tariffs notified under Section 283 of the Delhi Municipal Corporation Act by the Municipal Corporation of Delhi (DESU) for the year 1990-91. The same are supplied to us, as a printed booklet, by the learned. Attorney General, appearing for the appellant. We shall briefly refer to the relevant provisions therein. 3A. Under the sub-heading "premises", three expressions, viz., "premises", "industrial premises" and "non-industrial premises" are defined. The respondents's premises are admittedly 'non-industrial premises'. Under the sub-heading "General Conditions of Applications", besides providing certain general conditions, a few more expressions are defined. Clause (i) of the General Conditions says that supply of electricity in all cases is subject to the execution of agreements including compliance of commercial formalities. Clause (ii) says that "these tariffs are subject to the provisions of the 'Conditions of supply' and 'Scale of miscellaneous charges' relating to the supply of electricity issued by the Undertaking or any modification thereof as are enforced from time to time and the Rules and Regulations made or any order issued thereunder or any subsequent amendments or modifications thereof so far as the same are applicable." Clause (iii) says that all loads above 100 KW under any category of supply shall be given on H.T. Clause (iv) clarifies that "the minimum charges / demand charges exclude meter rent, electricity taxes and other charges which shall be charged separately as in force from time to time depending upon the character of service". Clauses (v) to (viii) define the expressions "connected load", "sanctioned load", "contract demand" and "maximum demand" respectively. Clause (ix) provides that wherever the contract demand has been given KW, the contract demand in KVA for tariff purposes shall be determined by adopting the power factor as 0.85. For the purpose of tariff rates, the consumers are divided into domestic, non-domestic, mixed load HT, small industrial power (SIP) and large industrial power (LIP) categories. Besides the above, separate tariff rates are notified for agriculturists and certain other consumers with whom we are not concerned. So far as domestic supply is concerned, the character of service is single phase 230V or three phase 400 V. The tariff prescribed is what may be called "single part tariff". It is @ .27p per unit on first 100 units per month, thirty two paise per unit on next 100 units per month and seventy five paise per unit on all consumption above 200 units per month. This is, of course, subject to minimum charges prescribed therein. In the case of non-domestic L.T. supply, different rates are fixed which we need not refer to.;