HARYANA STATE ELECTRICITY BOARD vs SURESH KUMAR

IN this appeal filed by the Haryana State Electricity Board, the short point involved is as to whether the order dated 6th of September, 1994 passed by the learned District Forum, Ambala directing the appellant to restore the electricity connection without demanding Rs. 1,000/- is legally permissible or not.

COMPLAINANT Suresh Kumar approached the District Forum, Ambala with the grievance that even though he has been paying the electricity charges regularly, yet on 10th of March, 1993 a demand was sent by the H.S.E.B. for payment of Rs. 1,000/- purporting to be imposition of penalty for the theft of energy by the complainant A criminal case was also registered against him and the electricity connection was disconnected forthwith. The complainant had to deposit Rs. 1,000/- for having the connection restored. The H.S.E.B. in its written reply pleaded that in the case of theft no proper notice was necessary before disconnecting the electricity connection and, therefore, the complaint was liable to be dismissed, especially when a criminal case had already been registered against the complainant. Learned District Forum after considering the evidence produced by the parties came to the conclusion that the H.S.E.B. should have served notice to the complainant before disconnecting the electricity connection. Resultantly, the complaint was allowed and amount of Rs. 1,000/- paid by the complainant was ordered to be refunded alongwith Rs. 500/- by way of compensation and Rs. 200/- as costs The H.S.E.B. was however permitted to proceed against the complainant for the theft of energy and the recovery of any compensation or penalty imposed in accordance with law.

In the appeal before us, Mr. Jagat Narain, learned Counsel for the appellant has vehemently contended that by virtue of the Sales Circular No. 5 of 1991 issued by the H.S.E.B. a sum of Rs. 1,000/- was legally recoverable as it was a case of theft of energy. We have gone through the provisions of Sales circular No. 5 of 1991 and have also considered the facts and circumstances of the present case in order to determine as to whether the Circular is applicable to the case in hand or not. The circular in fact deals with the recovery of compensation charges from the offender of theft of electricity, who voluntarily come forward to settle the dispute by making payment of the amount of compensation. In other words, it is a mode of compounding the offence by making the payment of the composition fee amounting to Rs. l,000/-. Once the H.S.E.B. had registered the criminal case of theft of energy against the complainant Suresh Kumar and he was denying the theft and disputing the liability, the circular letter had no application to the facts and circumstances of the case. In that situation, proper notice before disconnecting the electricity connection was essential. Consequently, we do not find any legal infirmity in the well reasoned and detailed order passed by the learned District Forum, Ambala. The appeal is, therefore, dismissed with no order as to costs. Appeal dismissed.