PSEB Vs. DEVGAN SOLVEX PVT LTD

JUDGEMENT

(1.) THIS is an appeal filed by the opposite party (in short the appellant ) against the order dated 2.1.2003 of the District Consumer Disputes Redressal Forum, Amirtsar (in short the District Forum ) by which the complaint of the complainant was allowed by the District Forum. The following is the operative part of the order.

(2.) BRIEF facts of the case are that the respondent was running solvex plant and electric connection bearing A/c No. LS -43 installed in that plant. All the bills were paid by the respondent and no amount was due against him. MMTS squad of the appellant checked the meter connection of the respondent s firm on 12.4.2001, 27.8.2001 and 1.12.2001 and no inference was found in the working of the meter. The appellant served memo Nos. 486, 473 and 494 dated 13.3.2002 for the demand of Rs. 4,460, Rs. 15,770 and Rs. 34,048 on the basis of down loaded data of the connection of the respondent dated 1.12.2001 and on the allegations of violation of peak load hours and weekly off day. Prints of the down loaded data were also sent to the respondent with the memos. It was pleaded that these demands were illegal because no data was furnished on the basis of which the demand was raised. It was also pleaded that no opportunity was given to the respondent firm to rebut the illegal demand of the appellant. The weekly off day was never intimated to the respondent firm as such the demand of the appellant was also illegal for the violation of weekly off day. It was prayed that the demand of Rs. 4,460, Rs. 15,770 and Rs. 34,078 be quashed and prayed for compensation to the tune of Rs. 10,000 against the appellant.

(3.) THE appellant replied that the connection of the respondent was LS connection and electronic meter was installed in the firm for recording the consumption of electricity. It was pleaded that as per rules, regulations and instructions, data was recorded at randum from the electronic meter by MMTS for its analysis with regard to any discrepancy or violation of peak load hour as well as weekly off day and for other relevant matters. The consumption data of the account of the respondent was down loaded by the MMTS on 12.4.2001, 27.8.2001 and on 1.12.2001 and after checking it was observed that the respondent had violated the peak load hour and weekly off day restrictions. It was also pleaded that the information was given to the respondent for the restriction of peak load hour as well as weekly off day but the respondent had used load in excess as per the prescribed load which was permissible under the rules, regulations and instructions of the Board issued from time -to -time. In sub -para Nos. 1, 2 and 3 of para No. 4 of the reply, the appellant mentioned the amount regarding the issuance of memos and demand of amount for violation of peak load hour as well as weekly off day and it was prayed that the complaint may be dismissed with heavy costs.