GURCHARAN SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This is an appeal by the complainant against the judgment of the District Forum dated 12.8.2003 by which the complaint of the complainant was dismissed.

(2.) Brief facts are that the complainant was having electricity connection bearing account No. BN63/0737P. His meter was checked by the enforcement staff on 19.7.2002 and as per the allegation of the complainant the enforcement staff found the meter to be in working order but one upper seal on the right side of the meter was missing and two seals on this side and three seals on the left side and the clamp were intact. It was further alleged that the upper seal on the right side of the meter was originally missing as bolt was fitted in the hole meant for seal. The meter was removed on 28th of July, 2002 and a new meter was installed. The meter which was removed on 28th of July 2002, was packed in a cardboard box and was sealed in the presence of the complainant and the same was sent to M.E. Lab after about a period of two months. However, the meter was checked in the M.E. Lab in the presence of the complainant. In the report prepared by the M.E. Lab it was mentioned that three seals on one side and one clamp were broken. The complainant is stated to have endorsed on the report that he did not agree with the report. On the basis of the report of the M.E. Lab that there was tampering with the seals, etc. presumption of theft of energy was drawn against the complainant. A bill for the period 22.9.2002 to 30.11.2002 was issued to the complainant amounting to Rs. 18,330 which included Rs. 16,610 as sundry charges for the earlier period when the earlier meter was there. This payment of Rs. 16,610 as sundry charges was challenged by the complainant by way of complaint before the District Forum, which has been dismissed as observed above.

(3.) District Forum dismissed the complaint primarily on the ground that since the meter had been checked in the presence of the complainant in the M.E. Lab and it had been found that the seals, etc. had been tampered, therefore, it could reasonably be presumed that there was theft of energy.