R.K.MERATHIA, J. - (1.) PETITIONER 'scontention is that the meter testing report dated 7.11.2003, (Annexure -4) and the demands raised on the basis thereof are illegal and arbitrary.
(2.) PETITIONER 'smeter was checked by the respondents on 7.11.2003, when it was found slow (Annexure -4). On the said check report, petitioner noted its objection as follows : "Consumer Remark. - - (1) We are not sure about accuracy of the meter with which the testing was done and as such we cannot agree with the result. (2) We have paid for the unconsumed unit as per AMG bills and the amount paid by us for the last 3 years comes to Rs. 13.5 lacs i.e. for the years 2000 -01, 2001 -02, 2002 -03. The meter , is the property of JSEB and may replace if found defective by you." A supplementary demand was raised on the basis of the said check report revising the bills for the preceding six months (Annexures -2 and 3).
(3.) THE respondent 'scontention is that it is a case of tampering with the meter by slowing it down and not a case of defective meter covered by Clause 16,8 of the Tariff. The case reported in 2003 (2) JCR 210 (SC) J.M.D. Alloys Ltd. was relied on.;