Law:

Section:

(a) Electricity Act (IX of 1910)-------Sched., Cl. XI-A---Fixed minimum charges---Assessment formula for working out fixed charges---Suspension of supply by Authority whether to give any entitlement to consumer to be compensated---Method to compute fixed charges to be levied detailed. The fixed minimum charge is not co-related with consumption or supply of energy. It is the price which a consumer has to pay for merely getting connected to Authority's power system and is termed as reservation of power for billing demand of the Authority as computed in terms of the Tariff applicable to the sanctioned load. "Reservation of power" in terms does not occur in the conditions of supply but finds mention in the Tariff which according to the conditions of supply is a method to compute the fixed charges to be levied. It is neither a condition of supply nor an undertaking that a particular quantum of energy would always be made available at the premises of the consumer. If the terms had been found in the conditions of supply, it could have been interpreted- as putting, the Authority under an obligation to supply to the consumer, on demand, energy equivalent to the reservation of power for the consumer's billing demand but the phrase is used in the Schedule of Tariffs which contain the "methods" for charging the supply given to the consumer and thus can be considered as an assessment formula for working out the fixed charges only. Any amount of ringing of charges would yield no other interpretation of the terms. No provision makes it obligatory on WAPDA to make continuous or constant supply of power at the supply terminals of the consumer. Suspension of supply by WAPDA would not give any entitlement to the consumer to be compensated in the manner as has been urged. Muhammad Javaid and others v. Water and Power Development Authority PLD 1994 Lah. 163; Bihar Electricity Board and another v. M/s. Dhanawat Rice and Oil Mills AIR 1989 SC 1030 and Water and Power Development Authority v. Makka Ice Factory PLD 1991 SC 813 ref. (b) Electricity Act (IX of 1910)--- ----Sched., Tariff B-2, para. 8---Phrase "reservation of power"-- -Connotation­ Phrase "Reservation of power", occurring…

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