USHA RANI Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The petitioner has challenged the order dated 04.03.2009 passed by the respondent.

(2.) In brief, the petitioner had purchased a house from Charanjit Kaur by registered sale deed dated 04.08.1992. There was an electricity connection No.JF-05/686H in the said house in the name of Surinder Pal, which was used by the petitioner. The electric meter was changed on 04.05.2000. The respondent disconnected the electricity connection on 11.10.2000 and raised a demand of Rs. 2,37,694/-. The petitioner assailed the action of the respondent before the District Consumer Disputes Redressal Forum, Ludhiana, wherein the Consumer Forum, vide its order dated 18.04.2001, set aside the demand notice and the amount deposited by the petitioner was ordered to be refunded. The respondent challenged that order in appeal before the State Consumer Disputes Redressal Commission, Punjab, Chandigarh, in which the following order was passed on 27.11.2001:-

(3.) Thereafter, the Chief Electrical Inspector passed an order on 10.06.2008, holding that it was not a case of theft of energy and since the dispute falls within the ambit of Section 26(6) of the Indian Electricity Act, 1910 (hereinafter referred to as the "Act"), therefore, the demand of Rs. 2,37,694/- was illegal. Aggrieved against the order dated 10.06.2008 passed by the Chief Electrical Inspector, the respondent filed an appeal under Section 36(2) of the Act. The said appeal has been allowed by the Commissioner (Appeals), Patiala Division, Patiala, on 04.03.2009, holding that since it was a case of theft of electricity, therefore, the Chief Electrical Inspector was not competent to decide the same as he can only decide those cases in which the dispute is regarding the speed of the meter as to whether it is running slow or fast.