ASST. DIVISIONAL ENGINEER APEPDCL Vs. BEHERA SRINIVASA RAO

JUDGEMENT

(1.) This is an appeal preferred by the electricity corporation against the order of the Dist. Forum directing them to quash demand letter dt. 27.2.2006 issued for Rs. 1,56,037/- and further not to disconnect power supply and adjust Rs. 90,094/- paid by the complainant towards future consumption charges besides payment of Rs. 1,000/- towards litigation expenses.

(2.) The case of the complainant in brief is that he has been running a computer centre at Subhadra Nagar, Kasibugga using electricity for his centre under category-II with S.C. No. 4031. He has been paying the electricity consumption bills regularly without any default. Since he intends to introduce a new programme/classes in his computer centre in January, 2006 anticipating that there would be requirement of establishing additional computers and A/c requiring more power he made a representation for installation of three phase meter. In order to install the same, lineman and private assistant have attended the meter and examined the meter in the first week of February, 2006. The meter might have been damaged by them. Subsequently on 11.2.2006 the Asst. Engineer/DPE inspected the meter and found it to be defective, made a false and baseless allegation against him. R1 served illegal notice enclosing inspection report dt. 27.2.2006 directing him to pay Rs. 1,56,038/- towards pilferage charges which he alleged to have been mis-used. He also threatened him that unless 50% of the assessment amount was paid besides Rs. 12,000/- towards compound fee his service connection would be disconnected and he would be arrested. In order to avoid all this he paid Rs. 78,094/- on 1.3.2006. In fact there was no misuse of electricity or tampering of meter at any time. The meter reading taken on 11.2.2006 at the time of inspection was found to be lesser for the month of December, 2005. This shows that the meter was defective Later it has given four C.C. bills from 4/2006, 6/2006, 6/2006, 8/2006 and 10/2006 showing the very same consumption levels. The opposite parties without hearing him or affording opportunity threatened disconnection of service connection by issuing unlawful demand notice. Therefore he filed the complaint to quash the assessment of Rs. 1,56,038/-, and direct them to refund Rs. 90,094/- together with interest, compensation and costs.

(3.) The electricity corporation resisted the case while admitting that the complainant has electricity service connection No. 4031, and the same was inspected by the Asst. Engineer/DPE on 11.2.2006 found that the meter was having un-numbered seal. He further noticed that that the reading was 09116, however C.C. bill dt. 10.12.2005 mentioned meter reading 09384. This shows that it is less than that of the reading as in 12/2005. They grew suspicious and got the meter thoroughly checked. They found that three wooden planks were fixed with screws. On removing the middle wooden plank of the meter box they found that the meter be removed from its fixing point outside the meter box. They also further found that MRT seals were tampered and the seal beads were flattened. The company seals were also tampered. There upon it was recommended for MRT testing in the very presence of complainant. The meter testing was accordingly done on 24.2.2006 and was opined : i. After opening the meter from paper sealed cover, both left and right side company seal its were flattened so that company sealing plier impressions were not observed on the seal bits. 1. On left side of the meter MRT seal bit, sealing wire path was distributed and cutting plier impression observed on the seal bits. 2. On right side no MRT seals observed. A seal bit was available. In paper box which was to its right side. On the seal bit sealing wire path holes were widened and seal was flattened and cutting plier impressions observed on seal bit. 3. Meter terminal block was burnt.