GURU BACHAN KAUR Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) The writ petition has been filed seeking directions against the respondents to withdraw the electricity bill in respect of the meter bearing K No.79742775. It is stated in the petition that the petitioner is residing at S-93, WZ-221, Ground Floor, Vishnu Garden, New Delhi where the electricity meter was installed. On 15.6.92 a notice was served on the petitioner to show cause in view of the fact that the tampering of the glass of the meter was found on inspection. An FIR was also lodged on 17.6.1992 for theft of electricity and the meter was removed. It is stated in the petition that the petitioner was discharged on 18.7.1996 from the criminal case though the copies of the orders have not been annexed to the writ petition. It is further stated that though the meter was removed yet the electricity bills are still being sent and a bill of Rs.34,32,232/- has been sent even though the sanctioned load is of 0.25 KW. Since no response was forthcoming from the respondent, the writ petition has been filed.

(2.) In the counter affidavit it is stated that the action was taken by the respondent in view of inspection report dated 29.4.1992. The petitioner filed suit bearing No.786/92 in October, 1992 and the trial court was pleased to pass an order for restoration of electricity and accordingly the electricity was restored- The petitioner, however, failed to make the payment even after the reconnection of electricity. The suit was subsequently dismissed for non-prosecution and the electricity was again disconnected. All these facts have not been disclosed in the writ petition.

(3.) It is stated in the counter affidavit that in pursuance to the inspection report dated 29.4.1992 a case of theft was made out along with load violation and a bill of Rs.8,77,296.29 was raised in the month of September, 1992. This bill was raised as per the tariff provisions prevalent at that time in terms whereof the bill had to be raised for a period of 3 years preceding from the date of inspection. The electricity had been restored on 14.10.92 in pursuance to the orders of the Civil Judge for domestic purposes for a load of 0.25 KW and supply again was disconnected on 14.7.1994. The bill is stated to have been raised on the following basis after approval from the competent authority:-