VidhiSangh

Supreme Court of India · 27/04/2020

BIHAR STATE ELECTRICITY BOARD ETC. versus M/S ICEBERG INDUSTRIES LTD. AND OTHERS ETC.

[2020] 6 S.C.R. 231 · 2020 INSC 371

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Board’s challenge to relief against electricity disconnections and minimum-charge demands failed. A high-tension industrial company consuming electricity in its own factory was a consumer entitled to approach the statutory grievance forum. The Board could not disregard that forum’s directions. The Court declined to disturb the circular-based exclusion of charges and the finding that the initial disconnection was arbitrary in light of the delayed acceptance of instalments. A mere request for instalments was not itself held sufficient to excuse admitted non-payment.

Issues

  1. Whether an industrial high-tension consumer could invoke the grievance forum.
  2. Whether the Board could disconnect contrary to the forum’s orders.
  3. Whether the supply agreement displaced the circular-based minimum-charge relief.
  4. What effect the request and later agreement for instalments had on the first disconnection.

Provisions considered

Held

Result

Board’s appeals dismissed; Division Bench judgment sustained. Connected applications disposed of without costs.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 231.