HARYANA STATE ELECTRICITY BOARD vs OM PARKASH GOEL

HARYANA State Electricity Board has come up in appeal against the order dated 15th May, 1996 passed by learned District Forum, Ambala, whereby the complaint of one Om Parkash Goel has been accepted and H.S.E.B. has been directed to refund the amount of Rs. 2,000/- imposed by it as penalty on account of theft of electricity on the complainant by tampering with the electricity meter in his premises.

COMPLAINANT approached the District Forum on 4th May, 1995 with a grievance that on 5th April, 1995 i.e. a month back the glass of his electricity meter had been broken by striking of a wooden ladder due to negligence of his employee working in his shop. According to him when the H.S.E.B. staff visited the shop for the necessary inspection and repairs etc. they found that it was a case of theft of electricity by tampering with the meter; hence raised a demand of Rs. 2,000/-. Since the amount was deposited by the complainant, the complaint was filed for the refund of the same. In their reply, the H.S.E.B. pleaded that in fact it was not the complainant, who reported about the tampering of glass of the electricity meter but the Meter Reader Shri Sham fact was later on confirmed by the Engineering staff after inspection of the premises. Since a clear case of theft had been established, notice was duly served to the complainant on 6th April, 1995 and strictly in accordance with the H.S.E.B.,s Circular No. 5 of 1991 penalty of Rs. 2,000/- was imposed. Despite this the learned District Forum accepted the complaint and set aside the penalty and in addition awarded a compensation of Rs. 500/- to the complainant. In the appeal before us. Miss Charu Bansal, learned Counsel for the H.S.E.B. has vehemently pleaded that when a clear case of theft had been established by the unrebutted evidence of the H.S.E.B. staff consisting of Meter Reader, Junior Engineer and other officials accompanying them and the electricity meter was wholly tampered with, the penalty imposed by H.S.E.B., was wholly in accordance with the provisions of its Sales Circular. On the other hand, learned Counsel for the respondent has defended the order passed by the learned District Forum by reiterating the stand taken in the complaint. After hearing the learned Counsel for the parties and having gone through the record, we are in full agreement with the learned Counsel for the appellant H.S.E.B. as from the record we find that a clear case of theft of electricity stands established against the complainant. When the premises were inspected by the checking staff entry was duly made in the register regarding the broken glass resulting into theft of electricity. The entry was also duly signed by one Mr. Goel present in the shop though the complainant Sh. O.P. Goel does not admit any relationship with the person signing the same. Under the circumstances, we have no hesitation in allowing the appeal filed by the H.S.E.B. and setting aside the order passed by the learned District Forum. Resultantly, the order passed by learned District Forum, Ambala is set aside and the complaint is dismissed with costs, which are quantified as Rs. l,000/-. Appeal allowed.