Rakesh Garg, J. - (1.) THIS is plaintiffs second appeal challenging judgments and decrees of the Courts below whereby his suit for declaration with consequential relief of permanent injunction has been dismissed.
(2.) THE plaintiff -appellant sought declaration to the effect that the demand of Rs. 29,820 raised by the defendant -respondents vide Bill dated 16.09.2005 with respect to the electricity connection bearing Account No. DR41/0192 -HP installed in his premises, was illegal, null and void, and thus, the defendant -respondents be restrained from recovering any amount from the plaintiff -appellant against the demand raised. According to the plaintiff -appellant, the electricity meter was burnt due to high voltage and the said meter was removed and new meter was installed and the defendant -respondents raised a demand of Rs. 10,383 in this regard. However, in December 2004, the plaintiff -appellant deposited a sum of Rs. 27,684 against the said demand and the matter was settled. According to him, the defendants again raised a demand vide Bill dated 16.09.2005 for a sum of Rs. 29,820 against the earlier dispute which was illegal.
(3.) HOWEVER , the defendant -respondents in their written statement submitted that on checking the plaintiff -appellant was found indulging in theft of electricity by extracting it through illegal means and after admitting the theft, representative of the consumer had put his signatures on the checking report. Moreover, the plaintiff -appellant was found using electricity connection for commercial purposes, whereas he had taken connection for domestic purposes, and thus, a supplementary demand was raised by modifying the calculations as per the audit report and the same was justified.;