- (1.)PETITIONER , a consumer of the electricity, has preferred this petition under Articles 14 and 226 of the Constitution of India with reference to decision/order dated 5.4.2004 by the Appellate Committee constituted under the statute for adjudicating the disputes between the consumer of electricity and Electricity Company regarding irregularity in consumption of electricity.
(2.)HEARD learned advocate Mr.S.P.Majmudar for the petitioner and Ms.L.K.Bhaya, learned advocate for the respondents.
(3.)INITIALLY , the respondent No.1 was Board when the petition was filed, but thereafter, it was bifurcated in several companies and, therefore, at present it is a electricity generating and supplying company.
The incident of irregularities and checking of electricity consumption and reading of such consumption by meter was dated 2.2.2004. When the Competent and Authorised Officers of the Board had checked the electric connection of the petitioner, it was found that the meter was not recording the electric consumption, if it was kept in horizontal position and that at the relevant time, meter was in horizontal position. On further checking, it was found that if meter was kept in proper vertical manner then and then it was recording the consumption of electricity. It is not disputed that such checking was done in presence of the representative of the consumer and he has also signed such checking report on the same day. Therefore, such report is the basic evidence regarding the consumption and recording of electricity at the place of the petitioner. For such reason of not producing proper legible documents on record, practically, petition is required to be dismissed for default or non -prosecution. However, to avoid such step, after couple of years, the entire matter has been heard on merits and decided on its own merits.