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ACHINTYA MALLA BUJOR BARUA
S. M. CEMENT INDUSTRIES – Appellant
Versus
ASSAM POWER DISTRIBUTION CO. LTD. – Respondent
JUDGMENT :
ACHINTYA MALLA BUJOR BARUA, J.
1. Heard Dr. A. Saraf, learned senior counsel assisted by Mr. S.K. Kejriwal, learned counsel for the petitioner and Mr. K.P. 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. AS-897243. On 24.07.2014, 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 (Electri
The court affirmed that unauthorized use of electricity was established through tampering with the meter, justifying the final assessment bill under the Electricity Act.
The assessment of unauthorized electricity use necessitates adherence to connected load guidelines, with special consideration given to meter tampering issues under Section 126 of the Electricity Act....
The appellate authority under Section 127 of the Electricity Act, 2003 cannot enhance an assessment bill without a cross-appeal and must adhere to principles of natural justice, including providing n....
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....
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 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.
The assessment of electricity charges in cases of theft or unauthorized use of electricity must follow the procedure under Section 126 of the Act, 2003. The court emphasized the importance of procedu....
The court upheld the validity of the assessment bill for unauthorized use of electricity based on proven tampering of meters, affirming the appellate authority's findings.
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