S. M. CEMENT INDUSTRIES Vs. ASSAM POWER DISTRIBUTION CO. LTD

JUDGEMENT

(1.) Heard Dr. A Saraf, learned senior counsel assisted by Mr. SK Kejriwal, learned counsel for the petitioner and Mr. KP Pathak, learned counsel for the respondents in the APDCL.

(2.) The petitioner is a consumer of electricity under the respondent APDCL and was allotted meter No. AS897243. On 24/7/2014, the officials of the respondent APDCL detected a foreign material to have been implanted in the consumer meter of the petitioner by breaking open the seal. The meter was sent for appropriate inspection and there exists a CNRI report showing the presence of a foreign material inside the meter and that the seal of the meter was broken. On the basis of such report, it is the conclusion of the respondents in the APDCL that it is a clear case of theft of electricity by tempering the meter where the petitioner itself is the sole beneficiary. Upon the meter being detected to have been tempered, the petitioner was allotted a different meter bearing No. 897450.

(3.) The relevant provisions under the Assam Electricity Regulatory Commission (Electricity Supply Code and Related Matter) Regulation, 2004 (in short AERC 2004), as amended in 2007 that are applicable when there is a unmetered use of electricity or theft of electricity is provided in clause 5.A.4.4 of the AERC 2004. Clause 5.A.4.4. is extracted below: