BSES YAMUNA POWER LIMITED Vs. SNEH LATA GOGIA

JUDGEMENT

(1.) FEELING aggrieved the order dated 28.11.2002, passed by the District Forum, whereby the electricity bill of Rs. 17163 raised on the basis of FAE (Fraudulent Abstraction of Energy) was quashed with the liberty to the appellant to raise the bill on the basis of connected load which on inspection was found to be higher than the sanctioned load as the bill in question was raised on the basis of the report that there was one -half seal missing and one -half seal unnumbered showing that the meter was tampered.

(2.) WE have taken a view in large number of cases that unless and until there is direct supply from the main line case of theft is not made out and mere breaking of seals of meter or missing of seals does not lead to the conclusion that the meter was tampered with. The intention of tampering with the meter is to avoid the payment of the electricity on the actual consumption basis and in order to ascertain this fact the appellant was required to prepare the comparative statement of the electricity bills atleast for the period of six months or one year prior to the inspection report and if there is considerable difference in the bills the inference of tampering of meter be drawn and not that of FAE or DAI.

(3.) EVEN otherwise we have given direction to the appellant in a case bearing Appeal No. A -1054/2002 entitled C.E.D.C. Limited v. Shri K.K. Kapoor, decided on 18.3.2005, that on the basis of tampered meter or connected load being higher than the sanctioned load the bills on the basis of FAE/DAE cannot be raised, unless there is proof of theft directly from the main line through artificial means.