M.P. ELECTRICITY BOARD vs AKHTAR BI

THIS appeal is by opposite party, M.P. State Electricity Board which has been directed by the District Consumer Disputes Redressal Forum, Sagar to restore electric supply of the respondent-complainant in respect of her two service connection Nos. 070190 and 070191 and to pay Rs. 1,000/- as compensation and Rs. 250/- as costs vide order dated 30.12.2002 in Case No. 187/2001.

THE said two electric connections are in the name of late Abdul Aziz, the husband of the respondent-complainant. Late Abdul Aziz had one more connection in his name bearing service No. 050991. Connection No. 070191 is for domestic purpose, while the other two are for commercial/industrial purpose. It is also no more in dispute that the electric bills pertaining to former two connection Nos. 070190 and 070191 are being paid reguarly by the respondent-complainant and no amount is due to the appellant-Board in respect of these two connections. However, in respect of the third connection bearing No. 050991 some litigation is going on between the complainant and one Abdul Jabbar and a huge sum of Rs. 25,765/- was due on the said connection. THE demand for payment of the said sum was raised against the respondent-complainant and since the respondent failed to pay the said amount, all the three aforesaid connections were disconnected by the appellant-Board. Feeling aggrieved by the action of the appellant-Board, the respondent approached the Forum below under Section 12 of the Consumer Protection Act, 1986 attributing deficiency in service to the appellant. THE case of the respondent was that she has made no use of the said service connection No. 050991 and the amount, if any, due on the said connection was payable by the said Abdul Jabbar, who has unauthorisedly taken possession of the premises of the respondent and carrying on his own business therein using the said electric connection. The appellant-Board resisted the complaint and took the stand that under the law the Board was entitled to disconnect electric supply of the appellant on any or all the service connections held in her name unless the said payment is made. The Forum below allowed the complaint and passed the impugned order as aforesaid.

We have heard Mr. S.N. Rao, learned Counsel for the appellant and Mr. S.M. Qazi, learned Counsel for respondent.

ADMITTEDLY, all the three electric connections stand in the name of late husband of the respondent on whose death the rights and laibilities, if any in regard to those connections have now devolved on the respondent. It is true that some litigation is going on between the respondent and the said Abdul Jabbar with respect to the premises on which service connection No. 050991 is installed. However, the fact remains that the connection still continues in the name of late Abdul Aziz and the respondent is fighting tooth and nail to get her property back from said Abdul Jabbar. The question, therefore, arises as to whether the appellant - Board is entitled to discontinue electric supply on the other two service connections of the respondent for the purpose of recovering dues on the said third power connection. The question in our considered judgment deserved to be answered in affirmative. Section 24 of the Electricity Act, 1910 provides for discontinuance of supply to consumer neglecting to pay charges. Sub-section (1) which is relevant for the purpose of this case thus reads : "(1) Where any person neglects to pay any charge for engery or any sum, other than a charge for energy, due from him to a licensee in respect of the supply of energy to him, the licensee may, after giving not less than seven clear days'' notice in writing to such person and without prejudice to his right to recover such charge or other sum by suit, cut off the supply and for that purpose cut or disconnect any electric supply-line or other works, being the property of the licensee, through which energy may be supplied, and may discontinue the supply until such charge or other sum, together with any expenses incurred by him in cutting off and re-connecting the supply, are paid, but no longer." (Emphasis supplied)

It will be thus seen that the licensee-Board is entitled to disconnect any electric supply line or other works, through which energy may be supplied and may discontinue the supply of the defaulter consumer until the amount due from him is paid off. Section 24 does not restrict power of the appellant-Board to invoke this provision only in respect of the electric connection for which the consumer has fallen into arrears. The words "any electric supply line" used in Section 24 makes it abundantly clear that a person having more than one supply lines may suffer disconnection of any or all those lines, if he falls into arrears in payment of dues in respect of any one or more such lines.

STATE Commission of Andhra Pradesh in almost similar fact situation in the case of A.P.S.E. Board & Anr. v. Shaik Ahammed Basha, II (1996) CPJ 198 has held : "The person to whom the power is supplied under the agreement is the owner of the premises and the service connection is in the name of the owner of the premises. The tenants may change in the premises, but the service connection in the name of the owner continues to be in his name and as long as the service connection stands in the name of the owner, he is a consumer. In the instant case, the service connection is in the name of the owner and his premises is only connected with the electrical energy, as the agreement is with the owner only."

The Forum below in our judgment was clearly wrong in holding that dues on the said third connection cannot be recovered by the appellant-Board by disconnecting her electric supply on the said other two lines. Needless to say, the power supply of the said other two lines shall be resumed no sooner the amount due on the said third power line is paid off by the respondent. We accordingly allow the appeal, set-aside the impugned order and dismiss the complaint of the respondent. We however make no order as to costs which the parties are left to bear their own as incurred throughout. Appeal allowed.