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October 2009

Electricity tariff : Advocates running office from commercial place liable to be charged at Commercial basis : Electricity (Supply) Act, 1948 : S. 49.

By Dr. K. Shivaram, Ajay R. Singh, Advocates
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  1. Electricity tariff : Advocates running office from
    commercial place liable to be charged at Commercial basis : Electricity
    (Supply) Act, 1948 : S. 49.

[ J.V.V.N. Ltd. & Ors. v. Smt. Parinitoo Jain & Anr.,
AIR 2009 Rajasthan 119]


The controversy involved is in regard to the electricity
tariff levied by the appellants on the offices of Advocates under category of
non domestic service.


The Single Judge relying on the judgement of Sajjan Raj
Surana v. JVVNL, AIR 2002 Raj 109 held that categorisation and inclusion
of profession of a lawyer as a commercial establishment or non domestic
services for the purpose of payment of electricity consumption at commercial
rate was illegal.


On further appeal it was held that the decision of Sajjan
Raj Surana (supra) had been overruled by Larger Bench and the Advocates
running their office from their residences cannot be charged the additional
tariff on the commercial basis. However, in case advocates are running their
office at independent commercial place, then the advocate cannot be exempted
from the same. A distinction has been made between the office in a residence
and office in a commercial place.



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