VEENA VERMA Vs. DHBVNL

JUDGEMENT

(1.) PLAINTIFF -appellant -Veena Verma has directed the present appeal against the judgment and decree dated 03.12.2012 passed by Shri Bharat Bhushan Parsoon, the then learned District Judge, Gurgaon vide which the appeal preferred by the plaintiff/appellant against the judgment and decree dated 17.08.2012 passed by Mr. Amberdeep Singh, learned Civil Judge (Junior Division), Gurgaon, was dismissed.

(2.) THE facts in brief are that plaintiff is owner of House No.634/A -12, Patel Nagar, Gurgaon which includes a shop. She has got two electricity connections i.e. one for domestic use bearing No. AD -3 -862 and another is the commercial connection installed in the shop bearing No. AC - 3 -43. Both these meters were installed on a pole outside the house. It is pleaded that plaintiff was regularly paying bills of electricity consumption. On 26.6.2008, a checking party of the defendants, checked the premises and found seals on the meters intact and the connected load was found in order and there was no irregularity or tampering with the meters. However, a false case of theft was made by the checking party vide report of 26.6.2008 and the power supply was disconnected by the officials of defendants on the same day. It is pleaded that a memo dated 30.6.2008 was served upon the plaintiff imposing penalty of Rs.16,173/ - for account No. AD -3 -382 and of Rs.65,862/ - in respect of account No. AC -3 -43. It is further averred that the plaintiff deposited said amount of Rs.16,173/ - on 21.07.2008 and Rs.65, 862/ - on 16.07.2008 under duress and threat of registration of criminal case and also for getting restored the electricity supply. By filing the present suit, plaintiff sought declaration that the checking report of 26.06.2008 and memo dated 30.6.2008 are wrong, illegal, arbitrary, against principles of natural justice and against the provisions of Electricity Act, 2003 (in shortthe Act).

(3.) ON put to notice, defendants appeared and filed their joint written statement taking preliminary objections regarding locus standi, estoppel, suppression of material facts etc. On merits, it was averred that at the time of checking of the premises of the plaintiff by their officials, the connected load for the domestic supply was found being used by bypassing the meter and the non domestic load was being used by direct joining in the outgoing cable. It was alleged that it being a case of theft, notice of assessment and offer for compounding in respect of both the connections was rightly served upon the plaintiff and the said entire amount was paid by the plaintiff. Denying other averments, defendants prayed for dismissal of the suit. From the pleadings of the parties, following issues were framed : -