DINESH CHANDRA SOMANI,J. - (1.) This civil second appeal under section 100 of CPC has been filed against the judgment dated 05/10/2015 passed by learned Additional District Judge No. 2, Ajmer (hereinafter referred as "the First Appellate Court") in Civil Regular Appeal No. 44/2014 (101/2013) filed by plaintiff/respondent, whereby the Civil Regular Appeal was allowed and judgment dated 06/09/2013 passed by learned Civil Judge (Junior Division), South, Ajmer (hereinafter referred as "the learned trial Court") in original Civil Suit No. 8/2012 titled as Mohd. Gulfam Gani v. AVVNL has been set aside.
(2.) Brief facts of the case are that plaintiff/respondent has filed a civil suit against the defendant/appellants for a decree of declaration in the learned trial Court stating therein that he obtained electricity connection from the defendant for his tailoring work with sanctioned load of 3KW. On 13/10/2011, the plaintiff found his meter burnt and informed the defendant accordingly. On 14/10/2011, the engineers of defendant came on the spot, prepared a memo, and took the burnt meter with them stating that other meter will be installed. On 30/11/2011, the plaintiff received a letter from the defendant demanding Rs. 1,06,436/- on account of tempering with the meter. The plaintiff requested to place the matter before Settlement Committee and deposited 50% amount of the demand as per rules. On 29/12/2011, the plaintiff received a letter demanding Rs. 92,640/- instead of Rs. 1,06,436/- to be deposited immediately, failing which FIR will be lodged. Under this threat, the plaintiff was compelled to deposit the amount. The plaintiff prayed for declaration that the demand raised vide letters dated 30/11/2011 and 29/12/2011 is against law, as such the same is void and prayed that the amount received by the defendant be returned or adjusted towards the bills of future consumption of the plaintiff.
(3.) In written statement, the defendant/appellant admitted the fact that the plaintiff made a complaint on 13/10/2011 regarding meter burnt. It is also stated that on 14/10/2011, the engineers of the defendant went to the place of consumer and found that the meter was burnt. The meter was taken in custody and was sealed for getting it tested in laboratory. The meter was tested in Meter Testing Laboratory, Ajmer. The laboratory sent a report on 16/11/2011 mentioning therein that the meter was checked, meter body seal found partially cut and tempered, no sign of electrical burning was found inside the meter. The blue wire from PCB Terminal SH-1 found re-soldered on Phase Shunt Strip and re-soldering was also found on R and Y phases, which proves the tempering of the meter and theft of electricity. A notice dated 30/11/2011 was sent to the plaintiff to deposit Rs. 1,06,436/-. The plaintiff approached the Settlement Committee, which reduced the amount of demand to Rs. 92,640/- and the same was deposited by the plaintiff willingly.;