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VINOD S. BHARDWAJ
Paramjit Kaur – Appellant
Versus
Punjab State Power Corporation Ltd. – Respondent
JUDGMENT
Mr. Vinod S. Bhardwaj, J. (Oral)
Challenge in the present petition is to the order dated 17.04.2017 passed by Additional Superintendent Engineer, CMC Division (Special) as well as to the demand notice dated 21.04.2017 and also to the order passed in appeal dated 31.07.2019 passed by the Appellate Authority-cum-Deputy Commissioner in exercise of the powers conferred under Section 127 of the Electricity Act, 2003.
2. The factual aspects are not much in dispute and as such the same are not being adverted to at this juncture. The grievance espoused by the petitioner is confined to the assessment undertaken by the respondents. He contends that as per the provisions of the Electricity Supply Code read with the Electricity Supply Instructions Manual, an assessment was to be undertaken as per the approved formulae. It is submitted that two of the factors that have been taken into consideration while assessing the charges i.e. the number of days and the hours have been wrongly incorporated by the respondent/assessing Authority while raising the demand. He contends that while computing the penalty for Unauthorized Use of Electricity, the Competent Authority is required to take into co
The Appellate Authority must consider all arguments and evidence in its decision-making process; failure to do so results in a non-speaking order and invalidates the decision.
The court established that the burden of proof lies on the consumer to demonstrate the actual period of unauthorized electricity use to challenge assessments under Section 126(5).
Unauthorized use of electricity for a purpose other than authorized and in premises other than those for which the supply was authorized constitutes a violation of Section 126 of the Electricity Act ....
Procedures for assessing unauthorized electricity use can rely solely on record inspections without necessitating physical site reviews, as per Section 126 of the Electricity Act.
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.
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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