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2006 Supreme(Ker) 382

V.RAMKUMAR, K.S.RADHAKRISHNAN
Nirmala Metal Industries – Appellant
Versus
Kerala State Electricity Board, Rep. by its Secretary – Respondent


Judgment :-

K.S. Radhakrishnan, J.

Anti power theft squad of the Kerala State Electricity Board had inspected the premises of the consumer No.94/Aroor on 8-5-2000 and noticed that the meter installed in the premises was found not recording the consumption in ‘R’ phase. Consumer was not present at the time of inspection. However, consumer’s representative was present and he was made known of the non-recording of energy in ‘R’ phase of the meter installed in the consumer’s premises. Since the meter was found defective it was replaced with a sophisticated electronic meter on 23-5-2000. The consumption after replacing the meter was recorded. The consumption recorded in the defective meter for the period from 5-5-2000 to 22-5-2000 was 6430 unit, whereas that for the period from 23-5-2000 to 5-6-2000 recorded in the electronic meter recorded 9900 units. It was therefore noticed that the consumption recorded after replacing the defective meter was increased by more than 50%. Later the consumer was served with a bill on 9-6-2000 for an amount of Rs.1,18,737/- so as to compensate the Board for unrecorded portion of energy, i.e. 50% of recorded consumption for six months, i.e. from November 1











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