(1.) A final order of assessment made by the Assessing Officer -IV of the CESC Ltd. on 14th November, 2012 under Section 126 of the Electricity Act, 2003 is assailed by the petitioner in this proceeding. In this order, the writ petitioner, who is a domestic consumer of CESC Ltd. has been found to have made unauthorized use of electricity and the petitioner's dues on that count has been assessed to be Rs. 2,34,150.75 and Rs. 22,945.46 for electricity charges and electricity duty respectively. Such dues has been computed on the basis of unauthorized use 365 days preceding the date of disconnection. Supply to the petitioner was disconnected on 25th February, 2009, on the same allegation, being unauthorized use of electricity. In another letter, issued by the CESC Ltd. on 15th November 2012 CESC Limited, the petitioner has been required to pay a sum of Rs. 7,780/ - as meter replacement cost and reconnection charge. Charge against the petitioner is tampering of seal on meter body, through which process the petitioner is alleged to have consumed electricity without proper recordal of such consumption of the meter. It has been recorded in the final order of assessment that the petitioner had already paid Rs. 2,82,393/ - against claim of unauthorized use of electricity covering the period in question earlier. By implication, the said payment has been directed to be adjusted against the quantum assessed as dues, and surplus of Rs. 56,070/ - has been directed to be refunded to the petitioner in the said order. In this writ petition, the petitioner seeks refund of the sum already realized from him on the basis of allegation forming subject of this proceeding. There is prayer for restoration of supply also in the writ petition, but I have been apprised in course of hearing by the learned counsel for the petitioner that connection of the petitioner has already been restored.
(2.) THE dispute of the petitioner with CESC Ltd. on accusation of unauthorized use of electricity goes back to the year 1998. There was disconnection of supply to the petitioner on 27th April, 1998, but supply was subsequently restored after examination of the meter of the petitioner, which was found to be over -registering consumption by 80 per cent. That meter was changed on 16th May, 1998 and a new meter bearing no. 233669 was installed. Thereafter, there was inspection of this meter on 9th December, 1998 in the petitioner's premises by the officers of CESC Ltd. which led to institution of a suit in the Court of Learned 3rd Civil Judge (Junior Division) at Howrah. This suit was registered as T.S. No. 140 of 1998. Decree of permanent injunction restraining CESC Limited from disconnecting the supply of the petitioner was claimed in the suit, along with certain other reliefs. In connection with the suit, an application for interim injunction was taken out and the petitioner was granted on 10th December 1998 an order of injunction in the following terms: -
(3.) ON 25th February, 2009 there was further inspection by the officers of CESC Ltd. at the residence of the petitioner for checking the meter. Said officers of CESC Ltd. disconnected supply of the petitioner and removed the meter after such inspection on that date. On the same date, a First Information Report (F.I.R.) was registered at Golabari Police Station, Howrah which was recorded as P.S. Case no. 62/2009, under Section 135 of the Electricity Act, 2003 on allegation of tampering with seals affixed on the meter body so as to gain unauthorized access to the internal mechanism/circuitry of the meter in order to maloperate the meter to reduce the actual registration. An order of provisional assessment was made by the Assessing Officer -VII of CESC Ltd. It has been recorded in the provisional order of assessment that the said Assessing Officer was present during inspection and he was convinced that there was unauthorized abstraction/consumption/use of electricity in terms of the provisions of Sections 135/136 and/or 139 of the Electricity Act, 2003. He provisionally assessed dues of petitioner to the tune of Rs. 5,64,786/ -. Hearing on assessment was posted on 13th March, 2009 at 10.30 a.m. at his office, and the petitioner was given opportunity to file objection to the provisional order of assessment.