LAWS(NCD)-2010-12-12

ROHIT GAMBHIR Vs. PUNJAB STATE ELECTRICITY BOARD

Decided On December 13, 2010
ROHIT GAMBHIR Appellant
V/S
PUNJAB STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Petitioner has filed the present Revision Petition against the final Order dated 5.4.2006 passedby the State Consumer Disputes Redressal Commission, Punjab in Appeal No.190/2002. By the impugned Order the State Commission has allowed the appeal and set aside the order dated 10.1.2002 passed by the District Consumer Disputes Redressal Forum (for short, District Forum.) in Complaint No.290/2001.

(2.) Petitioner is a consumer of Respondent- Electricity Board bearing Account No. M.S. 48/0532. The said connection was released to the Petitioner on 30th October, 1999 for 20 KV (small supply) and a mechanical meter was installed at his factory premises bearing Plot No. 21, Phase IV, Bhagwan Mahavir Industrial Complex, Focal Point, Ludhiana (Punjab). Petitioner, thereafter, applied for extension of load from 20 KV (small scale) to 69.30 (medium scale) on 28th January, 2000. Respondent-Board in furtherance to the request made by the Petitioner, after carrying out necessary inspection and tests released the extended load of 69.30 KW in the month of September 2000.

(3.) On 10.11.2000 Senior Executive Engineer, Enforcement-3 of the Respondent-Board visited the premises of the Petitioner to check the meter and found the same to be running slow by 3.73%. Meter was changed on the same day. OId meter was sent to M.E. Laboratory for testing. On receipt of the report dated 5.2.2001 from M.E. Lab to the effect that seals had been tampered with and that the Petitioner was stealing electricity, Respondent-Board imposed a penalty of Rs. 1,77,212. Alleging that the demand to be illegal, Petitioner filed a complaint before the District Forum seeking appropriate relief.