HVPN Vs. PARKASH FLOUR MILLS

JUDGEMENT

(1.) This appeal has been directed by the opposite party against order dated 28.7.2000 passed by Consumer Disputes Redressal Forum- Jagadhri, Haryana (hereinafter to be referred as District Consumer Forum), vide which the complaint of respondent (complainant) was accepted and the amount imposed upon the respondent as penalty vide memo No.1582 dated 23.7.1999 amounting to Rs.87,884 was held to be illegal and the same was quashed. The account of the respondent was directed to be corrected within one month, after adjusting the amount deposited by it.

(2.) Briefly stated the facts are that the premises of respondent (complainant) was checked on 22.7.1999 by ADV and party including Asstt. Executive Engineer, Mandt Laboratory in the presence of Ved Parkash who had also signed the checking report. All the seals of the meter were found tampered with and one rivet of right hand side was also found to be tampered. The meter mechanism was found to be changed and the meter recorded one unit on 100 revolutions of disc instead of 36 revolutions. The connected load was found to be 20.24 KW. On account of unauthorised extension of load as well as theft of energy, a penalty of Rs.87,884 was imposed. Notice dated 23.7.1999 was issued to the respondent and the connection was also disconnected. The allegation of the respondent is that no notice was served upon him by the appellant before imposing penalty as well as disconnection and further no inspection report was supplied to him. In fact he had not committed any fault and the amount demanded by the appellant was illegal.

(3.) Alleging deficiency in service, complaint was filed.