DEPUTY ENGINEER Vs. RAMESH KISHANCHAND SAMIYANI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India, has been preferred against the judgment and order dated 27-04-2010 passed by the District Consumer Disputes Redressal Forum, Kchchh-Bhuj ("The Forum" for short) in Complaint No.289 of 2008, whereby the Forum quashed and set aside the disputed bill and directed that a revised bill be issued to the respondent Consumer under Section 126 of the Electricity Act, 2003 ("The Act" for short). The Forum further directed the petitioner to refund the surplus amount and restrained the petitioner from disconnecting the power supply until a fresh bill is given. Aggrieved thereby, the petitioner Electricity Company has approached this Court by filing the present petition.

(2.) The brief facts of the case are that the respondent Consumer was given an electricity connection vide Consumer Connection No.38401/07061/9, for residential purposes. The installation of the respondent Consumer was checked on 23-11-2007 by Officers of the petitioner Electricity Company and it was noticed that the Meter Seal was tampered with. The defective Meter was, therefore, replaced and sent for Laboratory testing. The report of the Laboratory test indicated that it was a case of power theft and according to Section 135 of the Act, the respondent was issued a Supplementary Bill for an amount of Rs.73,403-76 Ps. The respondent Consumer, being aggrieved by the issuance of the Supplementary Bill filed a complaint before the Forum, challenging the assessment under Section 135 of the Act.

(3.) Mr.S.P.Hasurkar, learned advocate for the petitioner, has submitted that it is a clear case of power theft and the Forum has no jurisdiction to entertain the same in view of the judgment of the Division Bench of this Court in the case of Manoramaben Kansara v. Madhya Gujarat Vij Company Ltd., 2011 2 GLH 563.