HARYANA STATE ELECTRICITY BOARD vs ARAVALI KRISHI ANUVANSHAK LTD.

THE Haryana State Electricity Board has filed the present appeal against the order of District Forum, Gurgaon, by which the H.S.E.B. has been directed to charge the bill of the complainant according to the actual consumption of energy and the penalty imposed has been ordered to be waived of.

ARAVALI Krishi Anuvanshak Ltd. complainant has three electricity connections provided by the H.S.E.B. at Gurgaon. On 1st of June, 1992, one of the meter got burnt for which an amount of Rs. 700/- was demanded for the replacement of the meter and the same was promptly deposited. Thereafter in November, 1992, another bill was received for Rs. 14,400/- followed by still another bill of Rs. 21,149/- in April, 1993. When the complainant did not receive any relief from the H.S.E.B., he approached the District Forum and in reply to the notice issued to the H.S.E.B., it was pleaded that the complainant was found to have extra unauthorised connected load of 9.258 KV i.e., 11.936 KV against the sanctioned load of 2.678 KV. On that basis, a penalty of Rs. 14,000/- had been imposed and the demand of Rs.21,149/- was correctly made. Learned District Forum after examining the matter in detail found that the stand of the opposite party - H.S.E.B. was not borne out by the record. Accordingly, the complaint was allowed and the Board was directed to charge the bill on the basis of the actual consumption of energy by waiving of the penalty amount.

In the appeal before us, it was contended by the learned Counsel for the appellant-H.S.E.B. that number of lamps including street light, fans, plugs and power plugs and motors were found by the H.S.E.B. staff in the premises of the complainant, on the basis whereof it could be inferred, that the complainant was having unauthorised load and was thus guilty of theft of electricity.

WE have heard the learned Counsel for the appellant and have ourselves considered the matter in detail, but we do not find any evidence whatsoever by the appellant-H.S.E.B. in support of their contention. The allegation of theft to be levelled against a consumer is a criminal charge, which has to be established on the basis of cogent and convincing material. But in the present case, there is not even an iota of evidence in support of the inference or presumption, which the H.S.E.B. wanted to draw. From the record, it is also evident that there are at present five electricity meters installed in the farm house of the complainant. Therefore, even if, there was some unauthorised load, by now the same stands approved and regularized by installation of additional two meters. Therefore, the contention of the H.S.E.B. is without any basis and we do not find any merit in the appeal and the same is dismissed with no order as to costs. Appeal dismissed. _________________