Sangeeta Chandra, J. - (1.) Heard Sri Manoj Kumar Dwivedi appearing for the petitioner Sri Sanjai Singh who appears for the opposite party no.1 and Sri Niraj Gupta, who appears for the opposite party no.3.
(2.) This petition has been filed by the petitioner challenging the order dated 30.09.2009 passed by the Electricity Ombudsman in Representation No.18 of 2009 and Application No.28-C of 2009, wherein while dealing with the representation of the petitioner against the order passed by the Consumers Grievance Redressal Forum (C.G.R.F.) dated 16.12.2008, the opposite party no.1 has also considered the complaint filed under Section 142 of the Electricity Act, 2003 by the opposite party no.3.
(3.) The brief facts relevant for the decision of the controversy that have come from the arguments of the learned counsel for the petitioner and the opposite parties are that the opposite party no.3 had established a Company in Meerut by the name of Shaw Wallace Industries which ran a Brewery and a Distillery with an electricity connection of 1000 KVA. The establishment applied for reduction of load to 400 KVA and also applied for a new connection of 1000 KVA for new unit in SKOAL Limited. The said Brewery was established adjacent to the existing unit. The formalities with regard to the reduction of load on the original electricity connection and for grant of new connection were completed by the opposite party no.3 and more than 18 lacs of rupees was deposited for energizing of the new connection. A spot inspection of the unit was conducted by the petitioners on 26.04.2005 which revealed supply of electricity from the premises of opposite party no.3 to SKOAL Brewery. The opposite party no.3 was served with the provisional assessment order dated 09.05.2005 with proposed assessment of Rs.14.44 lacs calling upon the opposite party no.3 either to pay or to show cause. The opposite party no.3 had accepted the provisional assessment and paid the amount of Rs.14.44 lacs without objection, therefore, the proceedings under Section 126 of the Electricity Act stood closed on 19.04.2006.;