R.S.A. No. 4112 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 4112 of 2011 (O & M) Date of decision:-28.11.2011 Sant Ram Sahni ...Appellant Versus Punjab State Electricity Board through its chairman and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- Mr. Dhiraj Chawla, Advocate for the appellant. RITU BAHRI J. This regular second appeal is against the judgment dated 01.6.2011 passed by the District Judge, Shaheed Bhagat Singh Nagar dismissing the appeal against the judgment dated 18.11.2009 passed by the Additional Civil Judge (Senior Division), Nawanshahr, whereby the plaintiff has sought the relief of permanent injunction restraining the defendants from releasing the alleged amount of Rs.1,71,788/-. The Punjab Electricity Board sent a demand letter dated 5.10.2000 demanding Rs.1,30,830/- from the President, Dusehara Committee, Nawanshahr. The plaintiff has filed a suit for declaration that the demand letter No.2404 dated 05.10.2000 issued by the defendants demanding Rs.1,30,830/- vide demand memo No.863 R.S.A. No. 4112 of 2011 -2- dated 06.6.2002, from the plaintiff in individual capacity in respect of using load beyond the sanctioned load on account of the inspection done by the defendants. The plaintiff is the President of Dusehra Committee, Nawanshahr and he organized the Dusehra festival in military camp ground Nawanshahr in the year 2000. An electricity connection was obtained in the name of the plaintiff being President of said Society by depositing Rs.25,550/- as security. A notice was received alleging that the load of 194.440 KW was being used against the sanctioned load of 20 KW. The defendants debited an amount of Rs.1,71,788/- in the individual account of plaintiff. It is not disputed that plaintiff had not obtained the prior permission as per the electricity rules. A temporary connection was obtained during the Dusehra celebration and the sanctioned load was much less than the electricity bill consumed. The suit of the plaintiff was dismissed. The Appellate Court has affirmed the findings recorded by the trial Court by coming to a conclusion that it was the responsibility of the plaintiff to check that the electricity was being used according to the sanctioned load. The Department was entitled to recover the amount as per the load used by the plaintiff. The plaintiff had also approached the Consumer Forum against the notice issued by the Electricity Board and his claim was dismissed. No question of law much less substantial question of R.S.A. No. 4112 of 2011 -3- law arises for adjudication by this Court once the finding has been given by both the Courts that against the sanctioned load of 20 KW the plaintiff was using the load of 194.440 KW. The regular second appeal is dismissed. November 28, 2011 ( RITU BAHRI ) Vijay Asija JUDGE