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SUNITA AGARWAL, PRANAV TRIVEDI
Dakshin Gujarat Vij Company Limited – Appellant
Versus
Vaibhav Metal Crusher – Respondent
ORDER :
(Sunita Agarwal, CJ.) :
[1] The delay of 20 days in filing the instant appeal is explained to the satisfaction of this Court. The delay condonation application is hereby allowed. The delay in filing the appeal is hereby condoned. The office is directed to allot regular number to the Appeal.
[2] The instant appeal is directed against the interim order dated 12.02.2024 passed by the learned Single Judge in permitting the re-connection of electricity supply on the deposit of 50% of the amount of the Supplementary Bill dated 03.01.2024 issued by the Respondent – Authority, on the premise of the judgment and order dated 14.12.2023 rendered in Letters Patent Appeal No. 1445 of 2023 in the case of Paschim Gujarat Vij Company Ltd. Vs. Murlidhar Plastic Industries Through Dilipbhai Bachubhai.
[3] The Supplementary Bill was issued by the Respondent – Authority in the name of petitioner in a proceedings initiated by the Respondent under Section 135 of the Electricity Act, 2003, on the allegations of theft of electricity as a result of an inspection of the premises made on 01.01.2024.
[4] It is sought to by argued by Ms. Lilu K Bhaya, learned advocate appearing for the appellant that the
The court established that consumers must follow statutory procedures for contesting electricity theft assessments and that reconnection is contingent upon compliance with these procedures.
Electricity - Unauthorized use of electricity - Assessment of electricity charge contemplated in this section is immediately after disconnection but before lodging complaint and that too for the purp....
The main legal point established in the judgment is that the lack of communication of assessment orders to the consumer deprived the consumer of the opportunity to contest the orders, rendering any d....
The assessing officer has no authority to pass any order regarding assessment of liability and penalty against a consumer if proceedings for theft under Section 135 of the Electricity Act, 2003 are i....
An acquittal on the charge of theft under Section 135 of the Indian Electricity act, 2003 does not automatically absolve the consumer from the civil liability under Section 126, as the two operate on....
The main legal point established in the judgment is that the Appellate Authority erred in reducing the periods of assessment for unauthorized use of electricity, as defined by the provisions of Sec.1....
The assessing officer must establish unauthorized use of electricity before issuing a final assessment order, which can be appealed under Section 127 of the Electricity Act, 2003.
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