GUJARAT ELECTRICITY BOARD Vs. R P ENGINEERING

JUDGEMENT

(1.) By way of this appeal the original opponent Gujarat Electricity Board (GEB for short) seeks to challenge the order dated 27th January, 2004 rendered by the learned Jamnagar District Consumer Disputes Redressal Forum in Complaint No.167/2003.

(2.) It was the complainant's case before the learned Forum that initially the complainant had taken electricity connection with 2 H. P. Since his business developed connected load was raised to 20 H. P. However, the opponent GEB did not change the old meter though complainant requested time and again for new meter. Hence the meter in question got burnt and the personnel of the opponent GEB had taken away the meter. Complainant thereafter came to know by letter dated 1st July, 1996 that complainant was charged with theft of electricity and was penalised by issuing bill for Rs.61,000. It was the complainant's case that actually the meter got burnt on account of overload of electricity supply and due to increase in sanctioned load. It was the complainant's case that complainant was not given any opportunity of being heard before the complainant had to face the charge of theft of electricity.

(3.) Complainant filed appeal before the Appellate Committee of the opponent GEB against the aforesaid bill of Rs.61,000. That appeal came to be decided on 11.9.1997 and the bill was reduced to Rs.47,397.60. With a view to preserve the electricity connection from being cut off by the opponent GEB complainant paid the amount subject to the complainant's contentions. Complainant, therefore, approached the learned Forum for refund of the amount paid by the complainant as per the decision of the Appellate Committee.