NARENDRA KUMAR JAIN, J. - (1.) HEARD learned counsel for the parties.
(2.) THE point to be adjudicated in the present appeal is - whether the electricity bill raised by the defendants-appellants from the plaintiff- respondent for the month of January, 1989 was correct, or not ? The plaintiff-respondent filed a suit for declaration to the effect that electricity bill raised by the defendants for the month of January, 1989 may be declared as void and without jurisdiction, and that the defendants are not entitled to recover the amount of the said bill. The case of the plaintiff was that in the last three years neither he receive nor the defendants raised an electricity bill of such a huge amount showing 16720 units of electricity consumption, therefore, it appears that ten thousand units have wrongly been shown in the meter. The last meter reading was 45354 units and the present meter reading is shown to be 62104 units showing the consumption of 16720 units which is exaggerate and instead of 62104 the meter reading should have been 52104 units; it appears that instead of 5 the first digit '6' has been shown in the meter reading. The case of the defendants was that the meter was showing correct units of electricity consumed by the plaintiff; there was no such complaint in respect of meter being defective made by the plaintiff asking for referring the matter to be examined by the Electrical Inspector under Sub- Section (6) of Section 26 of the Electricity Act, 1910; in absence of any written-complaint on behalf of the plaintiff, the meter reading showing electricity consumption for the month of January, 1989 should be treated as correct and no interference is called for and the plaintiff's suit is liable to be dismissed. The trial court framed eight issues.
(3.) BOTH the parties, in support of their respective case, led oral as well as documentary evidence. The trial court, while deciding Issues No. 1 and 2, recorded a finding that the meter has shown incorrect reading of the electricity consumption and consequently decided both the Issues in favour of the plaintiff and against the defendants, and decreed the suit of the plaintiff and declared that the electricity bill raised by the defendants for the month of January, 1989 is invalid and without jurisdiction.;