B LAXMI Vs. ASSISTANT DIVISIONAL ENGINEER NORTHEN POWER DISTRIBUTION COMPANY OF A P LIMITED CHERIAL WARANGAL DISTRICT

JUDGEMENT

(1.) The petitioner is availing power supply from Northern Power Distribution Company under Category-II with service connection No.4511. Her premises was inspected by the 1st respondent on 25.11.2003. It was found that bare copper wire was connected from incoming terminal to outgoing terminal in the meter and that the meter box seal and MRT seals are in tampered condition and therefore the 1st respondent came to the conclusion that the petitioner indulged in theft of energy. Accordingly, he provisionally assessed the value of the energy pilfered at Rs.68,445.00 and disconnected the power supply and issued the impugned provisional assessment notice dated 29.11.2003 advising the petitioner to pay an amount of Rs.68,445.00 being the value of the pilfered energy and other incidental charges if she desires to obtain restoration of power supply. This is assailed in the writ petition.

(2.) Sri B. Papa Rao, the learned advocate representing the Counsel for the petitioner Sri J. Siddaiah submits that the impugned assessment notice is not in accordance with law. He specially invites the attention of this Court to Section 126 of the Electricity Act, 2003 ('the Act' for brevity). He contends that even if the allegations of pilferage are true, the 1st respondent can only assess the value of pilfered energy at a rate equal to.1 times taking into consideration the average consumption for a period of six months preceding the date of inspection.

(3.) Before adverting to the purport of Section 126 of the Act, this Court may refer to the revised terms and conditions of supply of electrical energy framed vide B.P. Ms. No.690 dated 17.9.1975 by the erstwhile A. P. State Electricity Board as it is not denied that supply of electricity to petitioner is governed by then conditions of supply. Condition No.39 deals with malpractices including pilferage of energy. Pilferage of energy is to be dealt with by the officials of the respondent company in accordance with Conditions 39 to 39.7.3.2 of the terms and conditions of supply, if the connection is a non-industrial and non- agricultural connection. Condition 39.6 reads as under : 39.6 Provisional assessment of the loss sustained by the Board and payment: The inspecting officer shall make a provisional estimate of the loss incurred by the Board by the reason of the malpractice or pilferage of energy committed by the consumer which shall be assessed as mentioned herein below and intimated to the Assistant Divisional Engineer concerned. The A.D.E. concerned shall ensure disconnection of such services forthwith in the case of malpractice with reference to supply of electricity to any disconnected service or pilferage of energy. The Assistant Divisional Engineer shall then serve the consumer with a notice of provisional assessment in the prescribed form. Such notice shall mention, inter alia, (a) the matters noticed during the inspection of the consumer's premises and installations; (b) The reasons for disconnection already effected or proposed to be effected; and (c) A provisional estimate of the loss sustained by the Board computed in the prescribed manner. He shall inform the consumer to pay half of the provisionally assessed amount, pending the enquiry to be conducted by the concerned authority into the case, to secure restoration of supply where supply has been disconnected or to avoid discontinuance of supply where disconnection has not been effected. If such payment is made the consumer's service shall not be disconnected on this ground pending the enquiry."