PINKCASSIA TOURIST COMPLEX Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This is plaintiff's second appeal challenging the judgment and decree of the courts below whereby suit for declaration was dismissed.

(2.) As per the averments made, plaintiff-appellant was having an electric connection at its premises with 117 KW of sanctioned load. The electric connection was checked by AEE (Enforcement), Patiala on 28.12.2002 and on the basis of that checking, a report was prepared by the officials of the respondent-department and on the basis of said report, memo. dated 31.12.2002 was issued to the plaintiff-appellant, demanding a sum of Rs. 3,94,663/- on account of theft of electric energy. The appellant filed a case before the Zonal Legal Dispute Settlement Committee of the respondent-department, challenging the aforesaid memo., but the said case was dismissed as withdrawn on 24.3.2003. Thereafter, a complaint was also moved by the appellant before the District Consumer Disputes Redressal Forum, Ropar, which was also withdrawn on 19.5.2003. Plaintiff also filed an appeal before the Dispute Settlement Authority of the respondent-department, which was decided on 9.2.2004 upholding the claim set up by the defendants. Pursuant to this, appellant deposited an amount of Rs. 2,63,110/- while putting up its case before the Zonal Legal Dispute Settlement Committee, which again decided against the appellant.

(3.) In the instant suit, it has been stated that the impugned notice No. 2383 dated 31.12.2002 issued by the officials of the respondent-Board is illegal, null and void and against the principles of natural justice, particularly when the electric meter was checked on 22.3.2002 and all the seals were reported to be intact and no crack in the meter glass was detected. It was further stated that since the respondent-Board was threatening to recover the balance amount of illegal demand raised by them under the threat to disconnect the power supply on permanent basis, necessity arose to file the instant suit.