KERALA STATE ELECTRICITY BOARD Vs. UNION ENTERPRISES, KALPETTA

JUDGEMENT

(1.) The opposite parties in OP.78/03 before the CDRF, Wayanad are the appellants herein who are aggrieved by the directions of the Forum below cancelling Ext.A2 and A3 bills amounting to Rs.51,074/ - and Rs.88,399/ - respectively.

(2.) The complainant?s case in brief is that the opposite parties issued 2 bills on 8.5.03 in respect of his connection No.5542 and 5543 for the sums of Rs.51,074/ - and Rs.88,399/ - respectively. It is also his case that he had been remitting the charges regularly and that on his application to the third opposite party the, tariff was reduced on finding that the connected load was below 10 KW. It is alleged by him that the opposite parties conducted an inspection on 5.5.03 in his absence and that the bills were issued on the presumption that there was illegal abstraction of electrical energy and also that he had tampered the meters of Con.Nos.5542 and 5543. Contending that there was no illegal abstraction or that there was tampering of meters, the complainant prayed for directions to the opposite parties to cancel the bills and to pay compensation and costs to the complainant.

(3.) The opposite parties resisted the complaint by filing version. It was submitted that the Anti Power Theft Squad (APTS) of the opposite parties conducted an inspection on 5.5.03 in the premises of Con.Nos.5542 and 5543 and it was found that there were some irregularities like tampering of meter and illegal abstraction of electrical energy. It was further submitted that a scene mahazer was prepared in the presence of the representative of the complainant and also that the site mahazer was attested by 2 Police Constables. The opposite parties further submitted that the tampering of meter and abstraction of electrical energy were against the provisions of the Electricity Act and hence the disputed penal bills were issued which the complainant was liable to pay. Pleading for the position that there was no deficiency in service on the part of the opposite parties, they prayed for the dismissal of the complaint with costs.