LAWS(NCD)-1998-3-156

SUB-DIVISIONAL ENGINEER PUNJAB STATE ELECTRICITY BOARD Vs. BHUSHAN KUMAR GUPTA

Decided On March 24, 1998
SUB-DIVISIONAL ENGINEER PUNJAB STATE ELECTRICITY BOARD Appellant
V/S
BHUSHAN KUMAR GUPTA Respondents

JUDGEMENT

(1.) Punjab State Electricity Board has challenged order of District Forum, Ludhiana dated December 13, 1996 whereby the electricity bill issued by the Board for a sum of Rs.10,662/- was held to be illegal and it was a case of negligence and deficiency in rendering service on the part of the Board. An enquiry was ordered to be held against the official responsible for taking no action on the complaint filed by Bhushan Kumar Gupta, the complainant on May 8,1995.

(2.) Bhushan Kumar Gupta, a consumer of electricity vide Account No. SK-24/03135 reported to the Electricity Board in writing on May 9,1995 that glass of the window of the meter was broken. Subsequently on August 16, 1995, the officials of the Electricity Board made some report of theft on the basis of which demand was raised for payment of Rs.10,662/-. This demand was challenged before the District Forum in the complaint. The Electricity Board in its version took up the stand that Flying Squad on inspection of the premises on August 16,1995 found that it was a case of theft as glass of the meter was found tampered. Meter was sent to ME Laboratory, Ludhiana and on receipt of the report of theft, the bill was raised on load basis with reconnection charges etc. Both the parties produced their evidence on affidavits and documents on the basis of which impugned order was passed.

(3.) Learned Counsel for the Electricity Board referred to the instructions issued by the Board as contained in the Sales Munual, Fourth Edition, page 209. Instructions No.3 (vi) reads as under: " (vi) The theft of electricity is indulged in by tampering/providing fake ME seals, tampering with meter window glass or fixing mechanism and/or providing small hole in the body of the meter".