The court emphasized the importance of following natural justice principles, providing evidence for allegations, and adhering to legal provisions under the Indian Electricity Act, 1910.

ORDER

Case of the complainant

Dr. P.D. Shenoy, Member - Aggrieved and dissatisfied by the order of the Consumer Disputes Redressal Commission, Union Territory, Chandigarh dated 3.10.2006 A.E.E. Operation Sub Division, Uttari Haryana Bijli Vitran Nigam Ltd. (herein after called as Nigam Ltd.) has filed this revision petition before us.

Case of the complainant:

2. The complainant M/s. Gautam Plastic was a subscriber of an electricity connection having a sanctioned load of 19.871 KW. It is the say of the complainant that he could not start the production as some of the machines could not be installed and he did not get the sales tax number as the manufacturing activity had not started. Meter Reader of the electricity department has been regularly visiting the premises. On 26.5.98 officials of the Nigam/Electricity Department checked the premises, in question, assessed the load at 30.76 KW though no machinery was in working condition and part of it was even lying in the yard. A notice was served upon the complainant imposing a penalty of Rs. 4,380 on the ground of illegal extension of the load. Again on 30.5.98 electricity officials conducted a surprise check and alleged that a fine pinhole on the front side of the meter cover, which is below the disc was found and concluded that it was theft of energy. Accordingly, another note dated 2.6.98 was issued imposing a penalty for Rs. 3,80,967 for six months period, which was to be paid within 2 days, failing which the electricity supply was to be disconnected and FIR was to be lodged. The complainant alleged that notices imposing penalties are highly arbitrary accordingly, filed a complaint before the District Forum claiming damages, compensation and costs in addition to the prayer for withdrawal of both the notices imposing penalties.

Case of the opposite parties :

3. It was contended by the opposite parties that as the FIR was lodged against the complainant, jurisdiction of the Forum has been invoked to avoid arrest and the complaint itself is not maintainable before the Consumer Forum. The Electricity Department submitted that connection cannot be released without load of machinery installed therein by the applicant. Hence, the allegation of non-installation of machinery is false. They reiterated the contents of the notices and decision for imposition of penalty. However, in the notices, it was stated that electricity supply would be restored only after depositing 40% of the amount as per Haryana Government Notification dated 17.8.98. The penalty to the tune of Rs. 4,380 for extension of load was deposited. The District Forum after hearing the parties and going through the evidence, directed the OPs to withdraw notice dated 2.6.98 and waive off the penalty imposed thereon and directed to refund the amount with interest @ 12% p.a. along with the compensation of Rs. 5,000.

4. Dissatisfied by the order of the District Forum the Uttari Haryana Bijli Vitran Nigam Limited (successor of Haryana State Electricity Board) through its Executive Engineer filed an appeal before the Consumer Disputes Redressal Commission, Union Territory, Chandigarh. After perusing the records and hearing the parties the State Commission held that the Nigam has not been able to adduce any evidence to corroborate the theft of electricity. It is further held that the complainant has placed on record the water bills pertaining to the period in which small amounts like Rs. 200 have been raised on account of rental charges of meter and it has been mentioned in those above bills that premises in question was locked , which lends support to the averments of the complainant, that the production in his factory had not, in fact, started and the machinery had not been actually pressed into production.

Submissions of the learned Counsel for the revision petitioner:

5. Mr. Neeraj Kumar Jain, learned Counsel for the revision petitioner invited our attention to the checking report wherein it is mentioned that load checked and found to b