Law: Civil Procedure Code (V of 1908)

Section: 115

Civil Procedure Code, 1908 (V of 1908)-- ----S. 115--Suit for recovery by appellant was dismissed and suit filed by respondent was decreed--Installation of meter for domestic use--Charging of commercial tariff--Non-issuance of notice--Non-preparation of report by checking inspector--Non-providing of opportunity of hearing--Challenge to   meter was installed at his premises for domestic use, whereas disputed bill for particular month was issued charging him commercial tariff--Before issuing/charging him commercial tariff neither any notice informing its use by consumer for commercial purpose was sent to him nor any report prepared by checking Inspector showing use of gas for commercial activities was brought on record necessary to charge commercial tariff--It is established law that if any consumer using any gas/electricity, other than provided mechanism or misusing by tampering/slowing meter he is liable to be charged according to rules/regulations but before preparing/issuing detection bill he must have been provided opportunity of hearing besides confronting collected incriminating evidence regarding misuse of gas--Record was silent with regard to incriminating evidence involving respondent--No document was placed on record to substantiate charging of commercial tariff, therefore, Gas Utility Court after examining all these aspects rightly rejected claim of appellant and decreed suit of respondent--There is no illegality or irregularity in impugned warranting interference--Appeal was dismissed.          [Pp. 233 234] A B JUDGMENT The suit for recovery of Rs. 83,140/- regarding non-deposit of bill was filed before the learned Gas Utility Court. On the other hand, respondent also challenged the validity of the amount of bill and the Gas Utility Court vide a consolidated judgment dated 30.04.2019 dismissed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492