JAIPUR VIDYUT VITRAN NIGAM LIMITED Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) As common issues are involved in both these writ petitions, with the consent of the parties, both petitions were heard together and are decided by way of this common order. SBCWP No. 352/2008 titled as JVVNL Vs. Rajendra Prasad & Anr is taken as lead file to peruse the facts.

(2.) Petitioners have challenged the awards dtd. 9/10/2007 and 14/11/2007 passed by Permanent Lok Adalat (in short "PLA"), Dholpur, in C.M. No. 107/2007 titled as 'Rajendra Prasad Sharma Vs. Jaipur Vidyut Vitran Nigam Limited'; and award dtd. 1/2/2008 passed by PLA in Case No. 138/2007 titled as ' Sher Khan vs. Jaipur Vidyut Vitran Nigam Limited', on the ground that the PLA had no jurisdiction to entertain an application filed under Sec. 22C of Legal Services Authority Act, 1987 (in short "Act of 1987") in a case where consumer of electricity has been asked to pay for theft of electricity.

(3.) Learned counsel for the petitioner submits that an inspection was carried out at the premises of the petitioner on 27/9/2007 in the presence of the respondent and it was observed that the electricity meter was tampered with, and that the body seal and terminal seal was found broken. Such tampering amounted to theft of electricity, as per provisions of Sec. 135- 138 of The Electricity Act, 2003 (in short "Act of 2003"), and therefore the inspection team immediately disconnected the connection and seized the tampered meter in presence of the respondent and VCR (bearing No. 4793/27) dtd. 27/9/2007 was also filed. The inspection team attempted to supply the copy of the VCR to the respondent but the same was refused by the respondent. The respondent even refused to sign the VCR. On 27/9/2007, a provisional assessment was also carried out by the petitioner under Sec. 126 of the Act of 2003 and civil liability of Rs.42,688.00 was ascertained. Learned counsel for the petitioner contends that until and unless the said amount is recovered, no re-connection can be ordered, as per Rajasthan Electricity Regulatory Commission (Electricity Supply Code and Connected Matters) Regulation,2004 (in short "Regulations of 2004"). A FIR was also registered for the offence under Ss. 135 & 138 of the Act of 2003 on 10/10/2007. Against the VCR dtd. 27/9/2007, the respondent approached the PLA, which vide impugned interim order dtd. 9/12/2007 directed that connection be restored provisionally within 3 days upon deposit of Rs.15,000..00 The said interim order was confirmed by the PLA vide impugned order dtd. 14/11/2007 without taking into consideration the fact that the PLA did not have jurisdiction to pass such orders.