M.Y.EQBAL,J. - (1.) HEARD the counsel for the parties. In view of the order dated 10.1.2001 passed by this Court the petitioner confines this writ application only with regard to correctness of the bills for the period January, 1998 to March, 1999.
(2.) IT appears that the meter installed in the premises of the petitioner became defective in August, 1996. A new meter was installed in January, 1998 and the Board started raising bills on the basis of the meter reading of the replaced meter. The said new meter, installed in January. 1998 also became defective. The petitioner immediately deposited the testing fee in February, 1998 but instead of getting the said meter tested, the Board continuously raised bills. It is stated by the petitioner that in April. 1999 again a new meter was installed and since then, on the basis of the meter reading, the petitioner has been making payments. This dispute, therefore, is with regard to correctness of bills for the period January, 1998 to March, 1999. Intimation with regard to defective meter was duly given by the petitioner to the Board in February, 1998 and requisite testing fee was also deposited. Admittedly, neither parties invoked the provisions of Section 26(6) of the Indian Electricity Act, 1910. Annexure 4 is the first bill which was raised after the new meter was installed in January, 1998. From perusal of the said bill prima facie, it appears that period for which the bill was raised, has not been correctly mentioned in the said bill.
(3.) ANNEXURES 5 series are the bills for the months of March, 1998 and April, 1998 which admittedly have been raised showing the meter as defective. There is no material to show that after April. 1998 either the meter was tested or a new meter was installed till March. 1999.;