UHBVNL Vs. BRIJESH KUMAR GARG

JUDGEMENT

(1.) THIS is defendants' second appeal challenging the judgment and decrees of the Courts below dismissing the suit of the plaintiff-respondent was decreed for a declaration that the impugned notice dated 19.10.2002 issued by the defendants imposing a penalty of Rs. 69,657.30 was illegal, null and void and the amount deposited by the plaintiff- respondent towards the suit penalty be adjusted in his future bills.

(2.) BRIEF facts of the present case are that the premises of the plaintiff- respondent was being supplied electricity through meter bearing account No. RB-II-1251 with a sanctioned load of 14.053 KW. The meter of the plaintiff- respondent was checked by the M&T staff on 19.8.2002. The checking report was prepared on the spot and copy thereof was supplied to the plaintiff's representative. The meter was checked in M&T lab and the same was found running slow by 85.83%. Later on, notice was issued to the plaintiff- respondent on 19.10.2002 imposing a penalty of Rs. 69,657.30 paise.

(3.) FEELING aggrieved against the aforesaid judgment and decrees of the Courts below, the appellants have filed the instant appeal.