Case: Modi Tele Fibres Limited Vs. U.P.State Electricity Board

above appeal. 5) We heard Mr. Rajiv Dutta, learned counsel for the appellant and Mr. Pradeep Misra, learned counsel for the respondents. 6) The grievance of the appellant is that even after the closure of their mill and in spite of requests by way of letters and reminders for stopping the electrical supply to the residential colony and for providing a separate metre connection to the residential quarters of their employees, the respondent-UPSEB was unjustifiably claiming power consumption charges from the appellant herein. Alternatively, it was submitted that it had made payment upto March, 1995. However, if the bills for the period upto the date of closure (i.e. upto 10.09.1995) are to be taken into account, then for the period from 01.04.1995 to 10.09.1995, the total amount of bills comes to Rs.1,14,10,734.00 Out of the above, a sum of Rs.49,84,894/- is on account of supply of electricity to the residential quarters which the appellant is not liable to pay as it had sent a notice in June, 1994. In this regard, the admitted liability of the appellant is up to 10.09.1995 which comes to Rs.64,25,840.00. The appellant had a security deposit of Rs.67,46,700/- with the UPSEB and after adjusting the same, it is entitled to receive a sum of Rs.3,20,860/- from the UPSEB. 7) It is not in dispute that the appellant was provided electric connection No. 1008 for supply of electrical energy and an agreement had been executed on 30.09.1994 for supply of 4000 KVA electric load. In the counter affidavit filed on behalf of respondent-UPSEB, it has been specifically stated that the UPSEB, the predecessor in the interest of UP Power Corporation, has no distributing means or any kind of control for contribution and supply of electrical energy to the residential colonies of the workers of the appellant. In fact in the counter affidavit the Board has stated that they were not aware about arrangements made by the appellant for supply of power to their workers and the terms and conditions for such supply as to whether it was free supply or whether the cost of electricity consumed was being deducted from their wages. According to them, the appellant was their consumer and bulk supply of 4000 KVA was being given to it and no bifurcation in the connection as industrial or residential. 8) Learned counsel appearing for the appellant, by drawing our attention to various clauses in the agreement and requests made by them in the form of letters seeking for dis-connection of power supply to the residence of their employees and providing separate meter for their colonies, contended that the respondents were not justified in demanding the amount as if arrears of power consumed by them. We verified the requests made by the appellant. As rightly pointed out by the respondents and in fact it was not disputed that electrical connection was provided to the appellant-factory in service connection No 1008 for supply of electrical energy and an agreement had been executed for the same on 30.09.1994 and supply to residential colony was made by appellant under service connection No. 1008 of appellant. Therefore, appellant cannot escape liability for electricity consumed in the residential colony. It should also be noted that the requests for permanent disconnection made by appellant on 30.06.1995, 13.07.1995 and 07.08.1995 could not be acted upon as under the terms of the supply agreement dated 30.09.1994, there could be no request for termination before the end of two years. Significantly there was no letter for permanent disconnection after the two year period, that is after 30.09.1996. Insofar as letter dated 16.06.1994 requesting for electricity supply to residential quarters, it has to be ignored in view of the subsequent agreement dated 30.09.1994 without separating supply to residential colony. 9) As rightly stated in para 15 of the additional affidavit filed on behalf of the UP Power Corporation, in case the appellant did not want to supply the electricity to the residential colonies of their workers they could have switched off the supply form their distributing mains which were in their custody and possession. Admittedly, the appellant having such a course available, did not do so because of their anticipation that law and order problem would arise. Having failed to disconnect the electricity supply themselves, the appellant can not blame the respondents for not disconnecting the supply. It is true that pursuant to the requests made by the appellant, the respondents/Board could have provided separate connection for the residential connections in their colonies for the benefit of appellants employees. However, as pointed out in the additional affidavit necessary charges, namely, costs and expenses for separate domestic connections were not paid. On the other hand, the appellant was drawing power to their residential colonies in order to provide uninterrupted supply to their employees. In those circumstances and in the light of the specific information furnished in the additional affidavit particularly in paras 4,8,12 and 15, we are unable to accept the stand taken by the appellant. 10) With the materials place before us, we are satisfied that the appellant being consumer and consumed electricity through their service connection No. 1008 it has to pay the amount for the same. We are also of the view that the appellant could have taken effective steps for providing separate power connection to the residential colony of their employees by approaching the respondents depositing necessary charges, cost and by complying with the provisions of the Indian Electricity Act, the Electricity Supply Act, rules and regulations made therein, which they failed to do. All the relevant aspects have duly been considered and rightly rejected by the High Court. In regard to the alternative contentions relating to excessive billing and non-adjustment of security deposit, these factual aspects were not urged before the High Court and cannot be urged for the first time before us. If there is any error in calculation of the amount shown as due, it is open to the appellant to take up that issue separately with the respondents.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]10) With the materials place before us, we are satisfied that the appellant being consumer and consumed electricity through their service connection No. 1008 it has to pay the amount for the same. We are also of the view that the appellant could have taken effective steps for providing separate power connection to the residential colony of their employees by approaching the respondents depositing necessary charges, cost and by complying with the provisions of the Indian Electricity Act, the Electricity Supply Act, rules and regulations made therein, which they failed to do. All the relevant aspects have duly been considered and rightly rejected by the High Court. In regard to the alternative contentions relating to excessive billing and non-adjustment of security deposit, these factual aspects were not urged before the High Court and cannot be urged for the first time before us. If there is any error in calculation of the amount shown as due, it is open to the appellant to take up that issue separately with the respondents