S D O OP SUB-DIVISION, UHBVNL Vs. KAPUR SINGH

JUDGEMENT

(1.) THERE is delay of 22 days in filing of the present appeal and the same is condoned for the reasons stated in the application moved by the appellant. This appeal is preferred against the order dated 1.3.2006 passed by District Consumer Disputes Redressal Forum, Sonepat whereby by accepting complaint No. 152/2005 filed by respondent -complainant following relief was granted:

(2.) THE controversy involved in the present appeal is with respect to notice bearing Memo No. 1019/CA dated 22.4.2005 whereby a penalty of Rs. 40,000 was imposed upon the respondent -complainant on the ground that during inspection of electricity meter bearing account No. PS/824 installed at the premises of the complainant, all the M and P seals of the meter were found tampered with and re -fixed. Meter was removed, sealed and handed over to B.S. Hooda, J.E. Checking report was prepared at the site and got signed from the members of the checking party as well as one Mahender Singh, Relative of the complainant who was present at the time of checking. Thus, taking it a case of theft of electricity energy, the above said penalty was demanded from the complainant.

(3.) BY filing complaint before the District Forum, the complainant challenged the impugned penalty with the averments that he had been paying the consumption bills regularly and there was no theft of electricity energy. He further stated that the checking, was conducted in his absence and penalty was imposed by false implication as there was no artificial means used in the meter in order to slow down the reading of the meter.