RADHEY SHYAM Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) -RADHEY Shyam, appellant was holding electric connection bearing account No. BB87/0506. He was running the shop to earn his livelihood. The old meter was removed on 4. 9. 2006 which was replaced with an electronic meter. Thereafter the appellant received the notice dated 28. 6. 2007 demanding an amount of Rs. 37,932 on the basis of test report dated 25. 6. 2006 of the M. E. Lab. The demand is illegal. Hence the appellant filed a complaint in the learned District Consumer Disputes Redressal Forum, Muktsar (in short the 'district Forum' ).

(2.) THE respondents filed the written statement and alleged that electric connection of the appellant was inspected on 4. 9. 2006 in the presence of Bablu son of Raghu Nath, representative of the complainant. It was found that the said electric connection was having the connected load of 6. 119 K. W. against the sanctioned load of 4. 40 K. W. After inspection, the meter of the appellant was removed which was packed in a cardboard. It was sealed with the paper seal in the presence of Bablu. He had also put his signatures on the paper seal. Thereafter the meter was sent to the M. E. Lab through Pooran Chand, J. E. on 4. 9. 2006. Bablu was also asked to be present in the M. E. Lab but the complainant or his representative failed to paper in the M. E. Lab. Therefore, the meter was not checked on that day. Final notice was given to the appellant on 23. 6. 2006 for appearance in the M. E. Lab on 25. 6. 2007. The appellant again failed to appear.

(3.) IT was further pleaded that the electric meter was taken out of the sealed meter box. The paper seals were intact. It was tested in the M. E. Lab. Two M. E. seals were found to be tampered with and it was running on single phase. Thereafter the meter was checked on single phase accucheck set on connected load of 3. 16 K. W. The meter was found running slow by 1. 41%. It was concluded that the consumer used to control the consumption by reversing the reading of the meter by tampering with the figures after tampering with the M. E. seals and uprooting the ultrasonic welding of the meter in order to commit theft. Accordingly, the demand notice for any amount of Rs. 37,932 was sent to the appellant on 28. 6. 2007. Hence dismissal of the complaint was prayed.