Law: Electricity Act, 1910

Section: 2(c),26A,26(4),26(6)

Law: Specific Relief Act, 1877

Section: 42,54

(a) Electricity Act (IX of 1910)--- ----Ss.2(c), 26-A, 26(4) & 26(6)---Specific Relief Act (I of 1877) Ss.42 & 54---Suit for declaration and permanent injunction---Charge of slowness of electricity meter---Rights of licensee---Scope---Dishonest abstraction of energy---Detection bill---Failure to follow provisions of S.26-A of Electricity Act, 1910---Effect---Trial court dismissed the suit instituted by the plaintiff/respondent, but the appeal preferred by the defendants/respondents was allowed---Contentions of the defendants/petitioners in revision were that electricity meter installed in the crush machine of plaintiff/respondent was not in his name rather the same was in the name of another person, therefore, he had no cause of action and locus standi to file the suit and that the findings of the appellate court regarding the matter to be decided by the Electric Inspector was against the law, as the plaintiff/respondent himself approached the civil court---Validity---High Court held that the electricity meter had been installed in the crush machine owned and run by the plaintiff/ respondent, therefore, defendants/ petitioners' contention had no force at all---Under S.2(c) of the Electricity Act, 1910 "consumer" means any person, who was supplied with energy by a licensee or who was the owner or occupier of the premises, which were for the time being connected for the purposes of a supply of energy with the works of a licensee, therefore, plaintiff/respondent was a "consumer" and had got a cause of action and locus standi to bring the suit---Under S.24(4) of the Electricity Act, 1910 licensee was not at liberty to remove the meter when dispute was regarding correctness of meter bill and unless determined as per provision of S. 26(6) of the Electricity Act, 1910---Defendants/ petitioners had removed the electricity meter without resorting to the provisions of S.26(6) of the Act and assessed the amount of fine by their own, which was totally against their mandate---Defendants/ petitioners had not complied with the provisions of S. 26-A of the Electricity Act, 1910 while preparing the disputed detection bill---High Court observed that dispute was in…

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