DEPUTY ENGINEER Vs. SHREEKANT EMBROIDERY PVT LTD

JUDGEMENT

(1.) An issue involved in this writ petition 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.) In the present petition, respondent consumer was using two types of electricity supply namely industrial purpose and lighting purpose.

(3.) When the concerned officer of the petitioner company visited the place and inspected the meter, it was found that the consumer was using the industrial load for the purpose of office and factory lighting. The respondent No. 1 was using total 5.660 KW of lighting load from the industrial connection. Therefore, a supplementary bill was issued to the consumer on the line as he has unauthorizedly used the electric supply and amount was calculated at the rate provided for lighting consumption. The said decision was challenged by the consumer before the appellate authority. The appellate authority did not find, contrary to the fact that the consumer was 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 consumer would be liable to pay the difference between rate of tariff for industrial purpose and rate of tariff for lighting purpose. Hence, this petition.