GURDEEP SINGH Vs. UTTAR HARYANA BIJLI VITRAN NIGAM

JUDGEMENT

(1.) The petitioner has sought to set aside the orders dated 5.3.2012 and 11.12.2012 passed by the courts below. The plaintiff had filed a suit for declaration to the effect that the inspection report dated 20.10.2011, laboratory examination report dated 25.10.2011, assessment order dated 30.11.2011 for deposit of Rs. 3,94,627/- and additional amount of Rs. 1,90,000/- as compounding fee, as illegal null and void and further mandatory injunction directing the respondents to restore the electricity supply to his premises, on the averments that he is proprietor of Bombay Sweets Manav Chowk, Ambala City, having electricity connection No. NDS468/M2360 in the name of his father. The electricity meter was fixed on the pole embedded on the divider on Ambala Hisar Road. On 20.11.2011, the defendants removed and took the electricity meter. At the time of inspection, the plaintiff was not present at the shop but he was called and his signatures were obtained on the report as well as the box containing the meter. It has been further averred that the meter was neither purchased; installed and nor the inspection of the meter was carried out in his presence. The notice of assessment has neither been issued in accordance with Section 126 of the Electricity Act, 2003 nor final assessment order was issued without issuing provisional assessment order and giving the plaintiff opportunity of being heard. It has been further averred that the plaintiff had not committed any theft. The plaintiff had filed objections and deposited 40% of the penalty amount by way of cheque but the defendants instead of taking any action on the objections disconnected the electricity and returned the cheque to the plaintiff. The suit was also accompanied by an application seeking interim direction for restoration of the electric connection during the pendency of the suit.

(2.) On notice, the defendants appeared and filed written reply, inter alia taking the preliminary objection that the suit is not maintainable; the suit is barred by Section 145 of the Electricity Act, 2003; the plaintiff has no locus standi to file the suit; and the plaintiff has not come to the court with clean hands. On merits, it was submitted that the plaintiff was found committing theft of the electricity vide checking report dated 9.6.2004 and 29.6.2005 and penalty was imposed accordingly. The checking report was prepared at the spot which was signed by the plaintiff and the members of the Inspecting Party. The meter was checked in M & T Lab and it was found that the lash wires of all the 4 No. seals of the meter were cut and fixed with some adhesive material. On further checking by the test branch in M & T Lab, the meter was found slow by 30% and the metering system was also found tampered by installation of one number extra electronic circuit in the meter to affect the energy consumption recording by the meter system. It has been further submitted that the order of assessment has been served in accordance with the provisions of Section 126 of the Electricity Act, 2003. The objections of the plaintiff were dismissed by the defendant No. 3 vide speaking order and as such the cheque was returned.

(3.) The trial court dismissed the application for grant of interim injunction vide order dated 5.3.2012 and the appeal was also dismissed by the first appellate court vide order dated 11.12.2012.