Executive Engineer, Haryana State Electricity Board vs VIDYA DEVI JINDAL SCHOOL

THIS order shall dispose of three Appeal Nos. 288 to 290 filed by the Haryana State Electricity Board against the orders dated 19.4.1994 passed by the learned District Consumer Forum, Hissar, whereby the learned Forum has accepted the three complaints for quashing the demand made by the H.S.E.B. for additional charges on the ground that the complainants had obtained three separate connections for bulk supply of electricity for the school building, administrative building and other premises surrounded by a boundary wall. According to the complainants - Vidya Devi Jindal School is being run by the Vidya Devi Jindal Rural Development Trust, Hissar. In the premises of the school three separate electricity meters were installed at different places. Though they had been paying the electricity bills received from time to time regularly but the H.S.E.B. now have clubbed together alt the three bills and that too with retrospective effect and after totalling the same a consolidated bill of Rs. 1,57,203/- had been sent, being the differential amount. THIS clubbing was sought to be justified by the H.S.E.B. on the ground that in the same premises separate meters could not be installed. On the other hand, the complainants had been pressing that each meter was meant for different wings of the school, i.e. administrative block, hostel and teaching staff colony separately. The learned District Forum after taking into account the documentary evidence and the plan of the school premises came to the conclusion that there was no justification for the clubbing of the three meters and for issuing a consolidated bill indicating the differential amount and that too with retrospective effect.

IN the appeal before us, the learned Counsel appearing for the H.S.E.B. has vehemently contended that the demand of differential amount by the H.S.E.B. was in fact based on the Sales Circular No. 14 of 1981 according to which in the case of bulk supply only one connection could be given. Advancing the argument further, the learned Counsel con tended that the complainant-respondent had concealed the fact of bulk supply and obtained two domestic connections in the same premises. It was for that reason that when the mistake came to the notice of the Electricity Department the consumption was recalculated strictly in accordance with the provisions of the Sales Circular and a revised bill was issued. On the other hand, Mr. Rajesh Bindal, learned Counsel for the complainant-respondent, has vigorously pleaded that the complainant was entitled to have separate domestic power connections for the hostel for students, for residential quarters of the staff members besides the main connection for the administrative block. According to him, clubbing of the three accounts into one power connection for bulk supply was wholly arbitrary. After hearing the learned Counsel for the parties, we find that according to the schedule of tariff for supply of energy issued by the H.S.E.B. effective from 1.1.1981 the provision for domestic and bulk supply has to be regulated as under: "5. Domestic Supply (i) Availability: Available to single private house, flat or hostel of educational institutions (including mess/canteen) for lights, fans, domestic pumping sets and house- hold appliances. Private dwellings in which space is occasionally used for the conduct of business by a person residing therein shall also be served under this tariff. Where a portion of the dwelling is used regularly for the conduct of a business the consumption in that portion will be separately metered and billed under the appropriate commercial or industrial power tariff. If separate circuits are not provided, the entire supply will be classified under commercial supply. Re-sale and sub-metering to tenants, other flats or household and other parties is strictly prohibited except with the permission of supplier in which case me blocks of tariff shall be suitably compounded. A hostel shall be considered as one unit and billed without compounding. The supply for residential quarters/flats attached to the educational institution for staff members shall be suitably compounded. 6. ......................... 7. Bulk Supply (i) Availability Available for general or mixed load (other than industrial) exceeding 10 KW of MES and other Military Establishments, Railways, Central PWD, Institutions, Hospitals, Departmental Colonies, Schools, Colleges, Educational Institutions and other similar establishments. Notes: Only one connection will be given at one contiguous area of reticulation. (ii) So far as Hospitals, Institutions, Schools, Colleges, Educational Institutions are concerned, it shall be applicable to those which are owned or run by Government/Semi- Government bodies. Institutes, Charitables bodies, trusts, Waqfs and religious bodies subject to condition that no such body is owned/run by individuals(s) in their private capacity. (iii) The word ''hospital'' shall include dispensaries, clinics, nursing homes, maternity homes. So far as the applicability to hospitals is concerned it will also be applicable to units owned/managed by individuals, societies of institutions with not less than 50 beds, provided further that out of which at least 1/ 3rd are available for non-paying patients and run on non-profit basis".

A bare look at the provisions quoted above would show, that the clubbing of three separate meters was certainly in accordance with the aforesaid provisions as in the same premises of the school separate connections for domestic supply were not admissible. If the H.S.E.B. had permitted the installation of two additional meters for domestic supply of energy either inadvertently or by not fully apprising itself with the exact factual position on the spot, that does not stop the H.S.E.B. from demanding the tariff in accordance with the rules and regulations. Consequently we find force in the appeal filed by the Haryana State Electricity Board and allow the same. The three complaints are wholly devoid of force and the same stand dismissed with no order as to costs. Appeals allowed.