The burden of proof lies on the respondent to establish that irregularities with the meter box and wires existed from the beginning and were not responsible for the tampering.

JUDGMENT :

(A.S. Supehia, J.)

1. These first appeals emanate from the judgment and decree dated 01.04.2003 passed by the Civil Judge, Senior Division, Godhra in Special Civil Suit No.96 of 1998, by which the learned Judge has allowed the suit of the respondent-plaintiff.

2. The captioned First Appeal No.1295 of 2003 is filed by the original-defendant-GEB (Gujarat Electricity Board) (now Madhya Gujarat Vij Company Ltd. - MGVCL) for allowing the Special Civil Suit, whereas First Appeal No.2286 of 2003 is filed by the original plaintiff, to the extent of refusing to grant interest @ 18% on the deposit amount.

BRIEF FACTS:

3. The respondent herein installed Meter-A for obtaining a high-tension power for production of 1800 Degree Celsius temperature and, accordingly, an electricity supply was made to the respondent-plaintiff by the appellant-GEB. The respondent also got installed Meter-B for the purpose of usage of factory lights and Meter-C for the purpose of usage of the office lights.

4. A checking at the premises of the respondent was carried out on 28.11.1996 and it was found that the respondent has tempered with the installation of B-Phase and CT’s mains and load wire was shortened. It was found that a gap was created in the door of Metal Meter Box and from there, 58 inch long insulated copper wire has been peeled off from both sides, and if a wire from outside is hooked and was found to be touching the bottom of B-Phase and CT Main and load wire‘s insulation. Accordingly, checking-sheets were prepared and signed by the representative of the respondent under protest and a Joint Inspection Report was prepared on 28.11.1996 (Exh.55). In view of the tampering found with the insulation of R-Phase and the main wire and also on the load wire which was peeled off with external substance, the officers of the appellant-GEB, accordingly checked the revolution of the disc by attaching external wires, upon which, it was found that the revolution of the disc which had to take 2.66 seconds for completing one round was taking 3.66 seconds. It was found that there was less consumption recorded to the extent of 27.32%. Accordingly, the supplementary bill was issued to the respondent as per the regulations of supply and the formula adopted by the appellant-Board. The supplementary bill was issued for Rs.61,69,113.60 paisa on 29.11.1996 and considering the ‘C’ Factor and the working of the units of the respondent in three shifts, such bill was prepared. The respondent, being aggrieved by the said bill, appealed before the Appellate Committee, which, by order dated 20.07.1998 passed below Exh.60, considered the modus operandi and held that it was a case of theft of electricity. The Appellate Committee, accordingly, recalculated the units as per their regulations and the respondent was issued revised bill of Rs.23,79,156/- and since the respondent had already paid Rs.6,17,000/-, it was called upon to pay the remaining amount of Rs.17,62,156/-. Being aggrieved, the respondent instituted Special Civil Suit No.96 of 1998, challenging the said bill.

5. After examining the oral as well as the documentary evidence, the Trial Court allowed the suit filed by the respondent and declared the action of the appellant-Board as illegal. The order passed by the Appellate Committee dated 20.07.1998 was also held to be illegal and as a consequence thereof, it was declared that the respondent was not liable to pay the revised bill of Rs.23,79,156/-. Being aggrieved, the appellant-Board has filed the present first appeals.

SUBMISSIONS ON BEHALF OF THE MGVCL :

6. Learned advocate Ms.Lilu K. Bhaya appearing for the appellant-GEB has submitted that the court below has fallen in error in allowing the suit filed by the respondent since the documentary as well as the oral evidence, which has been established on record, has not been appropriately dealt with. She has submitted that the Executive Engineer Mr.V.G.Prajapati, who has been examined at Exh.83 and was part of the