Bhilai Rerollers And Others vs Madhya Pradesh Electricity Board And ... on 19 August, 2003
46. On the cumulative reading of the terms and conditions
of supply, the contract executed between the parties and
the provisions of the 2003 Act, we have no hesitation in
holding that consumption of electricity in excess of the
sanctioned/connected load shall be an 'unauthorised use'
of electricity in terms of Section 126 of the 2003 Act.
This, we also say for the reason that overdrawal of
W.P.(C) No. 3147/2012 -:2:-
electricity amounts to breach of the terms and conditions
of the contract and the statutory conditions, besides such
overdrawal being prejudicial to the public at large, as it is
likely to throw out of gear the entire supply system,
undermining its efficiency, efficacy and even increasing
voltage fluctuations. In somewhat similar circumstances,
where the consumer had been found to be drawing
electricity in excess of contracted load and the general
conditions of supply of electricity energy by the Board
and Clause 31(f) of the same empowered the Board to
disconnect supply and even levy higher charges as per the
tariff applicable, this Court held that such higher tariff
charges could be recovered. While noticing the prejudice
caused, the Court in the case Bhilari Rerollers and others
v. M.P.Electricity Board and others (2003 KHC 1521 :