BSES YAMUNA POWER LIMITED Vs. RAVINDER KUMAR JAIN

JUDGEMENT

(1.) Vide impugned order dated 4.8.2005, passed by the District Forum the bill of Rs.92,552 raised on the allegations of theft of electricity consumed by way of artificial means not authorised by the licensee was quashed firstly on the ground that copy of the report was not given to the respondent as per mandatory provisions of Sec.25 (7) of DERC regulations and secondly that no opportunity was given to the respondent to explain by way of personal hearing or by way of show cause notice before raising the said bill and thirdly that as many as 17 photographs produced by the appellant did not show the originating point leading to the inference of theft and rather the photographs show that the officials of the appellant have tried to create a false evidence.

(2.) As is apparent from the aforesaid observations of the District Forum which are finding of facts, we do not feel inclined to interfere with the impugned order but give liberty to the appellant to personally serve show cause notice in respect of the bills in question along with copy of photographs and inspection report and give an opportunity to the respondent of being heard and raise a fresh bill accordingly. However, the observations made by the District Forum that the officials of the appellant have tried to create false evidence are hereby expunged.

(3.) If aggrieved from the action of the appellant, the respondent shall also have fresh remedy before the concerned Forum and limitation of any kind whatsoever will not come in the way.