VASANTLAL CHHOTALAL VACHHIYAT Vs. GUJARAT ELECTRICITY BOARD

JUDGEMENT

(1.) In the present petition, the petitioner, a consumer of electricity has challenged the recovery of electricity charges to the tune of Rs.2,77,250/- as modified by the appellate committee by an order dated 23rd January 1998.

(2.) The petitioner was granted electric connection by GEB for industrial purpose. A meter was installed on 2.12.95. On the complaint of the petitioner that the meter has got burnt,the officers of the GEB removed the meter and sealed the same and sent it for laboratory testing. The laboratory report suggested that there was some tampering with the vital parts of the meter. On this premise, treating it as a theft case, initially a bill for Rs.2,77,250/- was raised. After paying up the bill, the petitioner appealed against the same before the Appellate Committee. The Appellate Committee though upheld the stand of GEB that there was power theft, reduced the bill amount by giving relief to the petitioner for certain number of holidays and days of staggering. Eventually, revised reduced bill of Rs.1,03060/- was drawn and the excess amount was refunded to the petitioner. The petitioner has challenged the said recovery.

(3.) Before the Appellate Committee as well as before this Court,it was contended on behalf of the petitioner that it was not a case of theft, but a plain case of meter getting burnt on account of some internal electrical fault. It was contended that the laboratory test report also does not conclusively suggest that there was tampering with the meter. Learned advocate Shri Mehta submitted that the respondents, therefore, cannot collect any charges from the petitioner for alleged unpaid electricity duty especially treating the case as a theft case.