A.E.E. (SUB URBAN DIVISION) H.S.E.B. vs JAGDISH CHAND

- THE Haryana State Electricity Board through their A.E.E. (Sub Urban Division), Kamal has come up in appeal against the order of the District Forum, Karnal, by which the complaint of one Jagdish Chand has been accepted and the demand of the H.S.E.B. of Rs. 8000/- has been found wholly unwarranted, as no case whatsoever of commission of theft of electric energy has been proved against the Complainant.

BRIEFLY stated, Complainant Jagdish Chand had been paying the electricity bills regularly on due dates. Suddenly, he received two letters Nos. 666 & 667, wherein the H.S.E.B. had asked the Complainant to deposit a sum of Rs. 8,000/- as he had tempered with the meter. Aggrieved against this notice, the Complainant approached the District Forum on the ground, that when he had not committed any theft of electricity and had been paying all the bills regularly, the H.S.E.B. should be restrained from recovering the disputed amount of Rs. 8,000/- and instead a sum of Rs. 10,000/- be awarded as damages for causing harassment to him. In the written statement filed by the H.S.E.B., it was pleaded that the District Forum had no jurisdiction to adjudicate the matter in question, as the M & T seals of the meter of the Complainant had been found tempered with on 23rd of March, 1994. The theft of energy stood established for which the Complainant was liable to pay amount of Rs. 8,000/-.

Documentary evidence was produced by the parties and after examining the entire matter the learned District Forum came to the conclusion, that there was no evidence whatsoever available on record from which it could be concluded that the Complainant had committed theft of energy. Therefore, no presumption of theft of energy could be drawn against the Complainant, especially when no opportunity whatsoever had been afforded to the Complainant before imposing the impugned penalty of Rs. 8,000/-. Accordingly, the learned District Forum allowed the complaint and set aside the payment of Rs. 8,000/- raised by the H.S.E.B. by way of penalty for the alleged theft committed by the Complainant and awarded costs of Rs. 200/- on account of damages to the Complainant.

IN the appeal before us, Mr. B.S. Walia, learned Counsel for the appellant has vehemently contended, that the learned District Forum should have given a finding of theft of energy having been committed by the respondent on the basis of the circumstantial evidence, i.e., M & T seals were found tempered with when checking was made by Mr. Sanjeev Kumar, Foreman on 23rd of March, 1994 and as a result thereof the meter was running slow to the extent of 1/3rd. We do not agree with the contention of the learned Counsel, as we have found from the record of the case that during the relevant period the Complainant had been paying the electricity bills regularly including the higher amount. much before the alleged theft of energy was reported. Secondly, the appellant-H.S.E.B. had miserably failed to prove that the respondent had drawn any unfair advantage as a result of the tempering of the seals of the electricity meter. Otherwise also, the allegation of theft being of a penal nature amounting to a criminal charge, it could not be inferred or presumed against the Complainant without there being a convincing or sufficient evidence. The appellant-H.S.E.B. could not establish the charge against the Complainant before imposing penalty or before the District Forum. Therefore, we do not find any merit in the appeal and the same is dismissed with no order as to costs. Appeal dismissed.