CESC LIMITED Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) The order of the appellate authority under Section 127(3) of the Electricity Act, 2003 (hereinafter referred to as 'the said Act' in short) passed in Appeal Petition No. AP-3/08040116005 of 2008 is under challenge in the present writ petition at the instance of the licensee CESC limited.

(2.) The respondent no. 3 was a consumer under the petitioner/licensee having Consumer No. 08040116 at the premises no. 2/1 Moore Avenue, Kol. 700040. The said consumer was utilising electricity through 'M' rate commercial Meter No. 236872 and was also utilising electricity through 'K' rate industrial meter for manufacturing purpose of her industrial unit under the name and style of M/S. MICA BOX CO. The said industrial meter was disconnected on July 25, 2001 due to pilferage of electricity indulged by the respondent no. 3. She failed to pay sum of Rs. 1,11,75.85/- an amount assessed on account of unmetered consumption of electricity.

(3.) The loss control cell of the licensee during an inspection of service installation and metering system on February 29, 2008 at the aforesaid premises detected that the respondent no. 3 was utilising electricity through the said commercial meter to cater certain loads of the industrial meter. The supply to the industrial meter since was earlier disconnected for unauthorised use of electricity catering to the industrial requirement from the said commercial meter for manufacturing purpose was considered to be an unauthorised use of electricity and the said commercial (M) meter was disconnected by the said loss control cell on February 29, 2008 for indulging such malpractice.