PUNJAB STATE ELECTRICITY BOARD Vs. MOHAN LAL

JUDGEMENT

(1.) This is an appeal by the Punjab State Electricity Board (in short "PSEB") against the judgment and order of the District Forum dated 7.8.2001 by which the complaint of the complainant was allowed and the demand of Rs. 2,02,690 was quashed. Brief facts, giving rise to this appeal, may be noticed :

(2.) The complainant alleged that he was observing that there was some sparking in the terminal of the meter about five months prior to the filing of the complaint which was filed on 7.12.2000. This fact was allegedly brought to the notice of Chuhar Singh and Amarjit Singh, Linemen of the PSEB. The said Linemen corrected the loose terminals and refixed the same. It was alleged that they did so by removing the outside seals of the terminal plate and the paper seals were fixed. According to the complainant, it was assured that the proper seals would be fixed later on. On 27.8.2000, there was some short-circuiting in the meter which started emitting smoke therefrom. A written complaint was made to that effect. Even a sum of Rs. 375 was deposited for getting the meter checked. On 30.8.2000, the old meter was replaced by a new meter. He received a bill dated 25.10.2000 in the sum of Rs. 3,335 on average basis. Later on, this amount was deleted in the subsequent bills. Later on, he received a memo for depositing a sum of Rs. 2,02,690. This demand was allegedly based on the M.E. Lab report regarding the meter which had been removed. It was alleged that the turns of the current coil had been decreased and the meter was recording less energy to the extent of 82%. The M.E. seals were tampered. From this the conclusion was drawn that there was theft of energy.

(3.) The District Forum, before whom the demand raised against the complainant by the PSEB was challenged, quashed the demand primarily on the ground that it was the admitted case of the PSEB that the meter was not packed in a cardboard box and sealed in the presence of the consumer/his representative and no notice was sent to the complainant to come present in the M.E. Lab when the meter was to be checked. Learned Counsel for the appellant drew our attention to Regulations 131.9.5.1, 131.9.5.3 as also to the regulation concerning follow up for the damaged/burnt meter i.e., Regulations 67.1 and 67.2 of the Sales Regulations. For ready reference the same are reproduced hereunder :