The Punjab & Haryana High Court in the case Kuljas Rai Versus Punjab State Power Corporation Limited Service observed and has made it clear that in case of electricity consumption beyond the sanction load, the court stated that the electricity consumer is liable to pay penalty in the form of demand surcharge.
In the present case, the appeal is dismissed against the trial court’s judgement granting mandatory injunction and restricting the respondents from discontinuing the appellant’s electricity connection which is subject to payment of dues.
The appellant sought refund of the amount paid, in the second appeal.
The bench comprising of Justice Alka Sarin observed and stated that since the plaintiff-appellant was consuming electricity in excess of the sanctioned load there is no occasion for him being refunded any amount by way of issuing a mandatory injunction.
It was observed that after considering the rival submission of the parties, the bench observed that as per the findings of the courts below. In the case the plaintiff appellant applied for an electricity connection of 95 KW load but vide an application he further requested for an electricity connection of 21 KW load. Further, he also undertook to build-up the remaining load within next six months.
The court observed that subsequently when the plaintiff appellant was not sanctioned increased load, the usage was in excess making him liable to pay the surcharge of Rs.750/- per KW as per the instructions given by the defendant-respondent.
Further it was added by the court that no question substantial of law arises in the present case therefore, concurrent findings of fact recorded by the Courts warrants no interference by this Court.
It was observed by the court that no question of law, much less, any substantial question of law arises in the present case. The concurrent findings of fact warranting no interference by this Court have been recorded by both the courts.
Accordingly, no illegality and infirmity in the judgment is found by the court and further, the decree passed by the courts below dismissed the appeal.
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