H S E B Vs. KRISHAN DEV

JUDGEMENT

(1.) The Haryana State Electricity Board appeals against the order of the District Forum, Hisar allowing the complaint of the respondent-consumer.

(2.) The respondents admittedly carry on the business of the manufacture of surgical equipment in the name and style of M/s Doctor Surgical Works at Hisar. Their establishment had the facility of an electricity connection for which they had been regularly paying the bills raised against them. However, on the 27th of February, 1993 some officials of the appellant-Board inspected the premises of the said factory and it was the complainant's case that they prepared a false report alleging that three of the four seals of the meter box were in a tampered condition. It was the stand that the effective seals of the meter were admittedly intact and there was not the least evidence of any theft or abstraction of electricity. However, an arbitrary penalty of Rs.75,000/- was forthwith imposed on the respondents and further the power was also disconnected. On the very date of 27th of February, 1993, alleging heavy financial loss owing to the arbitrary action of the Board, the relief of quashing the penalty and of awarding Rs.30,000/- as compensation was made.

(3.) The appellants in defending the complaint raised preliminary objections, to which reference now becomes unnecessary because they were never pressed before us. On merits the case set up was that the Executive Engineer, M. P. Division alongwith other officials checked the premises and detected two seals of the C. T chamber and one lower seal of the meter cover as missing or removed. The case was that the equipment being within the reach of the consumer, he was duty bound to preserve the same in the original condition. It was also the case that at the time of the inspection report, some representative of the owners was present, but he had refused to sign the same and, therefore, the impugned action of penalty and disconnection was taken forthwith.