MADAN GOPAL Vs. BSES RAJDHANI POWER LTD

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the trial court dated 31.08.2018 by which the trial court has dismissed the suit filed by the appellant/plaintiff for quashing of the inspection report dated 17.05.2006 and consequently the electricity bill raised against the appellant/plaintiff for a sum of Rs. 1,19,156/- on account of fraudulent abstraction of energy.

(2.) The facts of the case are that on 17.05.2006, an inspection was conducted at the premises of the appellant/plaintiff where the subject electricity connection was installed at Shop No. B-25, Sector-F and G, LSC, Shivaji Enclave, New Delhi. As per the Inspection Report dated 17.05.2006, it was found that appellant/plaintiff was indulging in fraudulently abstracting of energy because the polycarbonate meter body upper and base cover of single-phase electro mechanical meter were found tampered and in open condition through which foreign material could be inserted to manipulate the recorded consumption. Scratch marks were also found on the disc and dial of the meter. The connected load as found on 17.05.2006 by the inspecting team was 5.173 KW as against the sanctioned load of 3 KW. The appellant/plaintiff was in the business of supplying cold water to the trolleys, and by these trolleys, commercial sale of water took place to an individual. The inspection report containing the load report, meter report and inspection report were said to be prepared at the site in the presence of the representative of the appellant/plaintiff. Photographs were also taken as also videography done by M/s Arora Photo Studio. The respondent/defendant issued a Show Cause Notice dated 17.05.2006 and the appellant/plaintiff attended the personal hearing on 05.06.2006. The Assessing Officer after giving a personal hearing passed his Order dated 17.08.2006 holding the appellant/plaintiff guilty of fraudulent abstraction of energy and hence the DAE Bill of Rs. 1,19,156/- was held to be payable by the appellant/plaintiff.

(3.) In the suit, issues were framed and parties led evidence, and these aspects are recorded in paras 5 to 8 of the impugned judgment, and which paras read as under: