- (1.) Plaintiff filed suit for declaration that the assessment order passed and the memo. issued for recovery of total sum of Rs.67,662/- is null and void and for mandatory injunction directing the defendants to refund the said amount with interest.
(2.) Plaintiff has contended that he has an electricity connection bearing Account No. PP-13/742 at his residence. Two employees of the 1st defendant-Dakshin Haryana Bijli Vitran Nigam Limited, came to the premises of the plaintiff and in the guise of changing the old metter as per the Scheme of the defendants, removed the electricity meter from the house of the plaintiff. Though they promised to install a new meter, they illegally handed over a notice asking the plaintiff to deposit a sum of Rs.67,662/-. Such a notice issued by the defendants is illegal. As the defendants have threatened with criminal action for alleged theft, the plaintiff deposited the whole amount of Rs.67,662/-, demanded by the defendants, under protest. Therefore, the suit is filed for recovery of the said amount and also for declaring the illegal demand notices as null and void.
(3.) Defendants in their written statement set up a plea that the staff of the defendants visited the premises of the plaintiff and found during inspection that the seals of the meter were tampered with by the plaintiff in order to commit theft of electricity. The electricity connection was disconnected and the meter in the house of the plaintiff was taken into custody by the Checking Staff of the defendants. According to the defendants, the meter was found to be tampered with. A penalty of Rs.67,662/- was imposed upon the plaintiff. The demand notices were legally issued. Therefore, the defendants have pleaded for dismissal of the suit.;