DELHI VIDYUT BOARD Vs. RAJ KUMAR

JUDGEMENT

(1.) ON account of having raised illegal electricity bill on the basis of misuse charges in respect to connection No. LN 1433548, the appellant has been vide impugned order dated 22.2.2001, passed by the District Forum directed to remove the misuse charges from the date of its levy and raise a revised bill without any LPSC and after adjusting the payment already made by the respondent, refund the excess amount and if outstanding amount is found due it shall be recovered in five equal monthly instalments. On payment already made by the respondent the District Forum also awarded 12% interest and Rs. 2,000 as compensation and Rs. 500 as cost of litigation.

(2.) THROUGH this appeal the impugned order has been assailed mainly on the ground that on inspection of the premises of the electricity meter the connected load of 64.95 was found against the sanctioned load of .25 KV. On the face of it the aforesaid report does not inspire confidence as there was no allegation of theft from the direct line nor was any allegation of tampering of the meter. It is not possible to use the load of 64.96 KV against the sanctioned load of .25 KV as in that event the electricity supply will get tripped after every 5 to 10 minutes.

(3.) MOREOVER , the mandatory notice was not served upon the respondent before the disconnection of the electricity. On this count also the bill raised on the basis of misuse charges was liable to be quashed.