DEPUTY ENGINEER (O & M) Vs. SHUBHKARI TEXTILES

JUDGEMENT

(1.) A common issue involved in these writ petitions is that whether the appellate authority while exercising powers u/s.127 of the Electricity Act, 2003 is empowered to grant set off, if it is found that there is unauthorized use of electricity as defined u/s.126 of the Electricity Act.

(2.) Though the respondentconsumer is different in each of the petitions, these matters are heard together with the consent of learned advocate appearing for the petitioner as well as the learned AGP appearing for respondent No. 2 since in both the matters, same issue is involved for consideration. In each petitions, respondent consumers were using two types of electricity supply namely industrial purpose and lighting purpose. Tariff for industrial consumption of electricity is lesser than the tariff for lighting purpose. Two separate meters were installed at the premises of each of the respondent.

(3.) When the Installation Checking Squad visited the place and inspected the meter, it was found that the consumers were using the electricity through the electrical supply attached to the meter recording industrial use instead of supply meant for lighting purpose. Therefore, a bill was issued to the consumers on the line as the consumers have unauthorizedly used the electric supply and amount was calculated at the rate provided for lighting consumption. The said decision was challenged by the consumers before the appellate authority. The appellate authority did not find, contrary to the fact that the consumers were using electricity supply through the industrial meter, which was meant for using the same only for industrial purpose and not for lighting, however, held that consumers would be liable to pay the difference between rate of tariff for industrial purpose and rate of tariff for lighting purpose. Hence, these petitions.