KANTA SHARMA Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) THE petition impugns the speaking order dated 27th January, 2011 of the respondent holding the petitioner guilty of Dishonest Abstraction of Energy (DAE) and the consequent demand for '2,29,085/-.

(2.) SINCE the Division Bench of this Court in B.L. Kantroo Vs. BSES Rajdhani Power Ltd. 154 (2008) DLT 56 has held that even a consumer is entitled to approach the Special Court set up under Section 153 of the Electricity Act, 2003, it is felt that the writ petitions be entertained only in cases where no factual controversy arises and where the speaking order can be quashed merely on an illegibility / breach of procedure as borne out from the speaking order and the other documents of the respondent.

(3.) THE petitioner herein had reported to the respondent of the meter installed at her premises having got burnt. Upon such complaint, the meter was replaced and a Meter Replacement Report / Meter Burnt Report dated 3rd September, 2010 prepared. In the said report, no observation has been made with respect to any of the meter seals having been found broken or tampered with.