SANGEETA CHANDRA - (1.) This writ petition has been filed by petitioner challenging the order passed by the Electricity Ombudsman dated 30.04.2008 in Appeal No. 44 of 2007: Chandra Mohan Goyal Vs. Executive Engineer, Urban Distribution Division, Aligarh by which he has rejected the appeal against the order dated 11.10.2007 passed by the Presiding Officer of Consumer Grievance Redressal Forum, Aligarh and also the recovery notices dated 12.01.2007 and 06.05.2008.
(2.) The facts relevant for decision of this controversy are to the effect that there were two service connections in the name of Chandra Mohan Goyal bearing Account No. 37470 and in the name of his mother Smt. Pista Devi Account No. 25524. These two electricity connections were in the same premises of the petitioner and related to Steel Rolling Mill owned by him. Two Circulars dated 15.10.1998 and 07.04.1999 were issued under Section 29-B of the Indian Electricity Act and the U.P. Electricity (Regulation of Supply, Distribution, Consumption and Use) Order, 1977 as amended in 1984, which related to charging of penalty and disconnection of supply, summarily without notice, such installations as are found upon inspection made by the officers of the Electricity Department to have contravened the provisions of these orders. Not only was the consumer liable for disconnection, he was also to be charged penalty.
(3.) At first, the Corporation in order to check the malpractice adopted by the consumers installed electronic meters from which computerized data could be downloaded for 35 days which would show the details of the consumption including any violation of peak hours restriction in last 35 days. Thereafter the Board issued a Circular on 15.10.1998 to the effect that the penalty for peak hours restriction will be imposed as per the meter reading inspection report. In another Circular issued on 07.04.1999 it was provided that for violation of peak hours restriction on the basis of Meter Reading Inspection Report (hereinafter to referred as MRIR) for the first time, one penalty for one month may be imposed on the first bill. However, for the second bill and thereafter, the procedure for penalty will remain the same as mentioned in the Circular dated 15.10.1998.;