Satish Kumar Mittal, J. - (1.) THE petitioner society is running a rice sheller. It has taken a seasonal electric connection from the respondent -Electricity Board under the Medium Supply (MS) category having sanctioned load of 66.705 K.W. The said connection was got released only in November, 2002.
(2.) IT is the case of the petitioner that on 3.1.2003, Assistant Executive Engineer/Sub Divisional Officer (respondent No. 8 herein) made a surprise checking of the meter and during the checking, all the three phases of the meter were checked by respondent No. 8 and were found in order. The rice sheller of the petitioner remained closed from 1.4.2003 to 21.10.2003 due to off season. Thereafter, the electric connection was got revived on 22.10.2003. On that date, all the three phases of the matter, seals etc. were checked by respondent No. 8 and the same were found in order. Thereafter, on 30.10.2003, Senior XEN Enforcement, Punjab State Electricity Board, Sangrur (respondent No. 6 herein) visited the premises of the petitioner and checked the meter with Electronic Reference Standard Meter, i.e. ERS instrument & Water load and reported that the disc of the meter was not moving forward on red phase. However, other two phases were found okay. On the basis of the said report, respondent No. 8 issued a letter dated 31.10.2003 to the petitioner asking him to deposit an amount of Rs. 1,29,783/ - on account of overhauling of the petitioners' account for the last six working months. Feeling dissatisfied and aggrieved against the aforesaid letter/notice, the petitioner approached the Chief Engineer (South), Punjab State Electricity Board, Patiala (respondent No. 4 herein) for referring his case for adjudication to the Zonal Level Dispute Settlement Committee (respondent No. 3 herein). On the said request, respondent No. 4 referred the matter to respondent No. 3 and in accordance with the rules, the petitioner deposited Rs. 43,261/ - as l/3rd of the total amount of Rs. 1,29,783/ - for considering his claim by respondent No. 3. Respondent No. 3 in its meeting dated 20.4.2004 decided to overhaul the petitioner's account for the last six months from the date of checking by respondent No. 6. It was decided that the consumption prior to April, 2003 was comparable with the previous year and thereafter the account may be overhauled for the last six months from the date of checking by the enforcement. It was also directed that the meter of the petitioner firm be replaced immediately.
(3.) ON the basis of the above said decision, the account of the petitioner firm was overhauled and only an amount of Rs. 3,050/ - was charged from the petitioner which was calculated for the period 22.10.2003 to 30.10.2003 (the period for which the electric connection was being used) because prior to that the meter remained disconnected due to off season for the period 1.4.2003 to 21.10.2003. The rest of the amount i.e. Rs. 40,211/ - out of the already deposited amount of Rs. 43,261/ - was refunded to the petitioner. The said order became final. Neither the respondent -Electricity Board nor the petitioner challenged the said order by filing an appeal against the same.;