PUNJAB STATE ELECTRICITY BOARD Vs. SANDEEP WOOLLEN MILLS

JUDGEMENT

(1.) THIS is an appeal filed by PSEB (in short the appellant) against the order dated 29.4.2003 of the District Consumer Disputes Redressal Forum, Ludhiana (in short the ˜District Forum) by which the complaint of the respondent was allowed by the District Forum.

(2.) BRIEF facts of the case are that the respondent was running M/s Sandeep Woollen Mills and electric connection bearing A/c No. MS -97/175 with sanctioned load of 55.97 Kws was installed in the premises of the respondent. The respondent had received memo dated 24.4.2002 in which it was mentioned that meter of the respondent was checked on 15.4.2002 and on checking M.E. seals of the meter were found fake, hole was also found in the body of the meter and scratches were found on the figures. On the basis of this report, a demand of Rs.1,68,133 (Rs.1,61,313 as per version of the appellant) was raised. It was pleaded that the said demand was illegal and void. It was also pleaded that his meter was not packed and sealed in a cardboard box as per rules. Seals were intact as such there was no question of tampering of the seals. No theft was committed by him and it was requested that the appellant may be directed to withdraw the demand. Rs. 50.000 was demanded as compensation on account of mental tension and Rs. 11,000 as costs.

(3.) APPELLANT replied by taking preliminary objection that the Forum has no jurisdiction to entertain the complaint. It was pleaded that connection of the respondent was checked on 21.3.2001 in the presence of the respondent. It was reported that there was a hole in the body of the meter, meter was burnt and direct supply was being taken by the consumer/respondent. After this meter was packed and sealed in the presence of the respondent/consumer and sent to the M.E. Lab on 15.4.2002. In the M.E. Lab the meter was tested in the presence of Anmol, supervisor of the respondents firm. On checking it was found that there was a hole in the meter body and scratches were also found on the digits of the meter as such, it was found that the consumer was controlling the energy and was committing theft of energy. A demand of Rs. 1,68,133 was raised vide memo dated 24.4.2002. It was pleaded that demand was raised as per rules and prayed that the complaint was liable to be dismissed.