SHAKTI PLASTICS Vs. MADHYA GUJARAT VIJ CO LTD

JUDGEMENT

(1.) PETITIONER is a consumer of electricity supplied by the Electricity Company. The petitioner has challenged the supplementary bill raised by the Electricity Company as substantially upheld by the Appellate Authority.

(2.) THE petitioner has been granted 40HP high tension electricity connection. On 5.5.03, the meter was burnt. THE petitioner informed the authorities. THE meter was collected, sealed and sent for laboratory testing. In presence of the petitioner or his representative on 13.5.03, the meter was tested in the laboratory. THE report suggested that on the body cover there is a minute hole which would permit passing of a wire freely. In the meter there were scratch marks on the plate near figures 100, 1000 etc. THEre were other scratches also around the said area. THE report therefore concluded that the meter was tampered and it is a case of theft of electricity. THE respondent thereupon issued a supplementary bill considering this as a case of theft of electricity applying the usual formula and demanded additional electricity charges of Rs.3,00,557.81.

(3.) ON the other hand, counsel for the Electricity Company opposed the petition contending that there was sufficient evidence to establish tampering of the mater and being a case of theft. The Electricity Company has raised supplementary bill. The petitioner cannot raise disputed questions of facts in a writ petition.