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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Kundlas Loh Udyog – Appellant
Versus
Himachal Pradesh State Electricity Board Limited (HPSEBL) – Respondent
| Table of Content |
|---|
| 1. history of tampering demands and forum proceedings. (Para 1 , 2) |
| 2. debate on section 126 procedural compliance. (Para 4 , 5 , 6) |
| 3. court directs production of inspection records. (Para 7 , 8 , 9 , 10) |
| 4. section 126 mandates premises inspection for assessment. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 5. impugned order relies solely on board records. (Para 19 , 20) |
| 6. provisional assessment invalid without consumer inspection. (Para 21 , 23) |
| 7. quash provisional order for statutory violation. (Para 24) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“i. Set-aside the order dated 15.03.2021 passed by the Respondent No. 2 as being arbitrary and without any jurisdiction.
ii. As the public money is involved and the same should not be made to suffer due to the malafides of the erred officials, this Hon’ble Court may, if it pleases, direct the personal recoveries from the erred officials without prejudicing the right of the petitioner to get the timely payment/interest as per the law and order of the Ombudsman dated 05.03.2021.”
2. The case of the petitioner is that on 27.06.2015, the respondent-Board
Provisional assessment under Electricity Act Section 126 invalid without inspection of consumer premises or records maintained by consumer; licensee’s internal MRI/consumer records insufficient basis....
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.
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....
Mandatory procedural compliance in electricity inspections under Supply Code requires on-site preparation and service of inspection report; non-compliance, including no proper report or alternative s....
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....
Unauthorized use of electricity includes misuse or malpractices while using electricity, and the assessing officer is legally bound to pass a final assessment order after considering objections.
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