CHARANJIV LAL Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) CHARANJIV Lal appellant was subscriber of electric connection bearing account No. SPA -0435 which was installed in a flour mill with the sanctioned load of 18.99 K.W. He was making the payment of electricity bills regularly. On 5.4.2001 the Flying Squad, Moga checked the premises of the appellant and reported that one phase of the electric meter was dead which seemed to be tampered with. On the recommendation of the flying squad the respondents issued the demand notice dated 18.4.2001 for an amount of Rs. 13,008. On the request of the appellant the said amount was divided into three equal instalments of Rs. 4,400 and the first instalment of Rs. 4,400 was deposited by the appellant.

(2.) IT was further pleaded that on 11.6.2001 the appellant received the demand notice for an amount of Rs. 2,55,966 on the basis of the M.E.Lab. report according to which the electric meter was found running slow by 53.88%. The checking report and the M.E. Lab. report were false and the demand of Rs. 2,55,966 and of Rs. 13,008 were illegal. The matter was taken up with the respondents but they failed to respond. Accordingly the appellant filed the complaint in the learned District Consumer Disputes Redressal Forum, Sangrur (in short "District Forum") praying for quashing of both the demand notices dated 18.4.2001 and 11.6.2001, also for restoration of the electric connection, for damages /compensation, litigation expenses and for the refund of Rs. 4,400 with interest and costs.

(3.) THE respondents filed written reply. It was admitted that the appellant was having electric connection bearing account No. SPA -0435 with sanctioned load of 18.99 K.W. It was also admitted that the electric connection of the appellant was checked by the Flying Squad, Moga on 5.4.2001 and the demand notice dated 18.4.2001 for an amount of Rs. 13,008 was issued to the appellant. This amount was divided in three equal instalments of Rs. 4,400 each and the first instalment of Rs. 4,400 was deposited by the appellant. It was also admitted that the demand notice for an amount of Rs. 2,55,966 was issued on the basis of the M.E. Lab. report. Since the appellant was committing theft of electric energy, therefore, the demands made from the appellant vide demand notices dated 18.4.2001 and 11.6.2001 were legal and valid. Hence dismissal of the complaint was prayed.