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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
REVISION PETITION NO. 2716 OF 2010
(Against the Order dated 10/06/2010 in Appeal No. 734/2010 of the State Commission Haryana)
1. SDO (OP) UHBVN & ORS.
Model Town
Yamuna Nagar
Haryana
2. EXECUTIVE ENGINEER, UHBVNL LTD.
Sector-6
Yamuna Nagar
Haryana
3. THE CHAIRMAN, UHBVNL LTD.
Sector-6
Shakti Bhawan
Haryana
...........Petitioner(s)
Versus
1. N.K. GOEL
R/o. H. No. 46-B, Chopra Garden, Yamuna Nagar, Teshil Jagadhari
Yamuna Nagar
Haryana
...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENT

For the Petitioner :Mr. Vikas, ADv. for M/S. JURISPERITUS, Advocate
For the Respondent :NEMO

Dated : 06 Aug 2010
ORDER

Respondent/complainant filed a complaint before the District Forum seeking quashing of the demand notice No.1122 dated 13.12.2007 issued by the petitioner wherein the sum of Rs.1,46,560/- was demanded as penalty for committing theft of energy and another demand notice No.1123 dated 13.12.2007 wherein the sum of Rs.48,000/- was demanded by the petitioner on account of

 

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compounding the offence of theft of energy against the electricity connection.  The District Forum allowed the complaint and quashed the demand notice No.1122 and 1123 dated 13.12.2007 holding that the petitioner had failed to prove that the respondent had committed theft of energy.

          Being aggrieved, petitioner filed an appeal before the State Commission which has been dismissed by the impugned order.  The State Commission has reiterated the view taken by the District Forum that the petitioner had failed to prove the charge of theft of energy against the respondent. 

The District Forum as well as the State Commission have observed in their order that the petitioner had failed to file affidavit of any member of the checking party; that the petitioner had also failed to put on record the videography which is mandatory to be taken in terms of para 9 of sale circular No.U-54/2007.

I agree with the view taken by the fora below.  The petitioner had failed to prove that there was theft of energy as the petitioner did


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not file any affidavit of any member of the checking party or the videography which is required to be taken mandatorily under para 9 of Sale Circular No.U-54/2007.  No merits.  Dismissed.



......................J
ASHOK BHAN
PRESIDENT

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