SMT. DEEPIKA KALRA Vs. BSES RAJDHANI POWER LTD.

JUDGEMENT

(1.) CM APPL. 10434/2009 (exemption) Exemption allowed subject to all just exceptions. Application stands disposed of. RSA 100/2009 1. Appellant (hereinafter referred to as 'Plaintiff') is a consumer of electricity vide K.No.6610 A 060032 (earlier 6610-B 060032), Meter No. 27058528 of 23 KVA sanctioned load at A-7, Gali No. 1 Rajapuri, Uttam Nagar, New Delhi.

(2.) Plaintiff found the meter burnt on 25.7.2007 and informed the respondent (hereinafter referred to as 'Defendant'). Thereafter a new meter bearing No. 27102445 was installed.

(3.) After testing of the burnt meter, a meter test report No. 40261 dated 8.10.2007 was submitted whereby the said meter was found tempered. The defendant issued a Show Cause Notice on 15.11.2007 for dishonest abstraction of energy (DAE). The Assessing Officer passed a speaking order on 29.1.2008 holding that an unauthorized meter was in use at the premises and theft of electricity was established under Delhi Electricity Code and Performance Standards Regulations and Section 135/138 of the Electricity Act (hereinafter referred to as Act'). Consequently, defendant raised an assessment bill dated 6.2.2008 for theft amounting to Rs. 8,85,008/-. Since amount of this bill was not paid by the plaintiff, he received another Notice under Section 56 of the Electricity Act on 15.2.2008 wherein he was informed that the electricity supply would he disconnected if the bill was not paid within 15 days.