SHYAM BIHARI SINGHAL Vs. BSES YAMUNA POWER LTD

JUDGEMENT

(1.) This is a suit for declaration and permanent injunction. The Plaintiff is a consumer of the Defendant in respect of connection No. K 623-1321193-IP installed at his business premises being B-14/7, Jhilmil Industrial Area, Shahdara, Delhi.

(2.) The Plaintiff had initially got sanctioned load of 17.92 KW but, he later appealed for its enhancement to 50 HP. Under a voluntary disclosure scheme floated by the Defendant, the Plaintiff declared his tampered meter and also deposited the relevant charges on 26.4.1999. His meter was then changed in May, 1999. The case of the Plaintiff is that the meter was not sealed by the Defendant at the time it was changed in May, 1999. According to the Plaintiff, only paper seals were put on the meter but they were not properly pasted. It was claimed by the Defendant that at the time of inspection by its officials on 14th July, 1999, one paper seal was found uprooted. This however is controverted by the Plaintiff whose case is that in fact, the paper seal was not properly pasted and it was uprooted at the time of inspection by the officials of the Defendant.

(3.) It is alleged that during an inspection carried out by the Defendant on 15th May, 1999, the load was found to be 16.608 KW. An inspection was thereafter carried out on 14th July, 1999 by the officials of the Defendant. According to the Plaintiff, the load found at that time was within the sanctioned limit but was wrongly shown as 150.643 KW in the inspection report, without verifying the factual position.