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Electricity Consumer Liable To Pay Penalty/ Demand Surcharge If Consumption Is In Excess Of Sanctioned Load: Punjab & Haryana High Court
Drishti Yadav
17 July 2022 4:45 AM GMT
The Punjab and Haryana High Court has made it clear that in case of electricity consumption beyond the sanction load, the electricity consumer is liable to pay penalty in the form of demand surcharge.It thus dismissed an appeal against trial court's judgement granting mandatory injunction and restricting the respondents from discontinuing the appellant's electricity connection, subject...
The Punjab and Haryana High Court has made it clear that in case of electricity consumption beyond the sanction load, the electricity consumer is liable to pay penalty in the form of demand surcharge.
It thus dismissed an appeal against trial court's judgement granting mandatory injunction and restricting the respondents from discontinuing the appellant's electricity connection, subject to payment of dues.
In this second appeal, the appellant sought refund of the amount paid.
The bench comprising Justice Alka Sarin observed, "Since the plaintiff-appellant was consuming electricity in excess of the sanctioned load there is no occasion for him being refunded any amount by way of issuing a mandatory injunction."
After considering the rival submission of the parties, the court observed that as per the findings of the courts below, the plaintiff-appellant applied for an electricity connection of 95 KW load but vide an application he further requested for an electricity connection of 21 KW load. He also undertook to build-up the remaining load within next six months.
Subsequently, even when he was not sanctioned increased load, the usage was in excess making him liable to pay the surcharge of Rs.750/- per KW as per the instructions of the defendant-respondent.
Court further added that no question substantial of law arises in the present case therefore, concurrent findings of fact recorded by the Courts warrants no interference by this Court.
No question of law, much less, any substantial question of law arises in the present case. Both the Courts below have recorded concurrent findings of fact warranting no interference by this Court.
In view of the above, the court finding no illegality and infirmity in the judgments and decrees passed by the Courts below dismissed the appeal accordingly.
Case Title: Kuljas Rai Versus Punjab State Power Corporation Limited Service
Citation: 2022 LiveLaw (PH) 190
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