K RAVINDRANATH Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) The Proprietor of New Vijaya Lodge is a Consumer in respect of service connection in A/c.Nos.194-20-30 and 194-20-31. On 20.01.2001, the officials of Anti Power Theft Squad wing and Operation Maintenance Wing have inspected the service connections. Based on the inspection report, the Assistant Executive Engineer, Chennai, sent a letter, dated 23.01.2001 alleging theft of energy by tampering of seals in meter and providing bogus seals. It was further alleged that there was a loss of Rs.2,70,485/- and Rs.2,05,792/- in respect of the above said service connections, due to theft of electrical energy.

(2.) The petitioner submitted his explanation, dated 15.03.2001 and 19.03.2001 respectively to the show cause notices issued for the above said service connections. The Executive Engineer (O & M), Chennai, third respondent, in his proceedings, dated 22.03.2001, has informed the petitioner that extra levy has been worked out as per the tariff rates applicable to the service connections and directed payment of the same. Since the petitioner had already paid a sum of Rs.1,35,245/- and Rs.1,02,892/- respectively for the above said service connections, the payments made were given adjustment. The balance amount for the service connections, was directed to be paid in 10 equal monthly instalments. Aggrieved by the same, the petitioner preferred separate appeals, before the Superintending Engineer (DEC)/Central, Chennai. Both the appeals were dismissed on 12.06.2001. Aggrieved by the same, the petitioner filed the present Writ Petitions.

(3.) Assailing the impugned orders, Mr.R.Subramanian, Learned Senior Counsel for the petitioners submitted that earlier, service connections were obtained in the name of M/s.New Vijaya Lodge. Subsequently, the place was taken on lease by the petitioner. The meters were fixed during the period of the consumer's occupation and that the petitioner has not made any alteration or tampering as alleged. He further submitted that on an earlier occasion, when a complaint, dated 12.08.2000 was made to the officials of the Electricity Department, regarding the functioning of the meter attached to the above said service connections, the same were inspected and the officials found that the meter pertaining to the Service Connection No.194-20-30 got struck and the meter attached to the Service Connection No.194-20-31, was found to be in order. Accordingly, endorsements were made in the two meter cards, provided for the service connections. He therefore, submitted that the allegation that the petitioner had tampered with the meters and committed theft of energy by replacing genuine seals, was wholly erroneous and not supported with any valid materials.