JAYANTIBHAI RAMABHAI PATEL vs GUJARAT ELECTRICITY BOARD

THE appellant is the original complainant who had filed a complaint before the District Forum to declare the electricity bill of 19.8.87 to be illegal and void. Under the said bill the G.E.B. assessed the consumption of electricity of last six months under A.B.C.D. formula on the allegation that the seal was tampered with and there was theft of electricity. It appears to us that the meter was burnt and the complainant immediately informed the officers of the Board at the local place that the meter has been burnt and the same may be changed. THEre is no dispute that prior to that day the meter was not working or the readings were not taken.

THAT according to Mr. Deve, the learned Counsel appearing on behalf of the Board, the Board had followed all the procedure viz., they detatched the meter, sealed the same and sent it to the laboratory for testing. However, the complainant has submitted that there to no finding of the laboratory that the wires were changed i.e., from negative to positive and positive to negative. At the most the report is that the seal appears to have been tampered with. Mr. Trada, the learned Advocate appearing on behalf of the appellant-complainant states that even if the meter was put in the cloth bag, the seal can be destroyed or tampered with by the officers of the Board also. It is very difficult to accept this argument However considering the facts and circumstances that the complainant was in possession of only 5 bighas of land and his previous bills were also not exceeding Rs. 500/- to 600/- the assessment of the Board appears to us on the higher side. We therefore suggested the Board considering the fact that: (a) the complainant was holding only 5 bighas of land; (b) now the charges are based upon the capacity of the motor installed by the complainant, there is no possibility of any theft;

the Board may reduce the assessment to Rs. 14,500/-. We are happy to say that the suggestion has been accepted by the Board. The complainant has already paid Rs. 4,500/- which shall have to be deducted from the aforesaid amount and, there- fore, the complainant-appellant will have to pay Rs. 10,000/- only. The learned advocate for the appellant has also agreed that the amount is reasonable and his client will pay the same as ordered by the Commission.

It has been brought to our notice that the complainant is an agriculturist and has defaulted in payment of regular bills and his connection has been cut off on that account. Mr. Trada says that his client is prepared to pay all the outstanding amount of the regular bills alongwith arrears as stated above and, therefore, his connection may be restored. Mr. Dave says that if the complainant pays the full amount of arrears of regular bills alongwith Rs. 10,000/- as stated above, the Board will restore the connection. Mr. Trada says that the complainant is an agriculturist and will not be in a position to pay all the amounts at a time. He therefore requests for some time for payment of the aforesaid amounts. Considering the facts and hearing both the parties we are of the opinion that the Board may reconnect the power on payment of Rs. 10,000/- which will first be adjusted towards regular bills and the remaining amount of arrears will be paid by the complainant within one month from today. If the same payment is not made, the Board will be entitled to disconnect the supply. ORDER The appeal is partly allowed. So far the arrears is concerned, the complainant will pay Rs. 14,500/- less Rs. 4,500/- already paid within one month from today. Rest of the judgment of the District Forum is confirmed. The aforesaid arrears will be payable within one month from today. In the circumstances there will be no order as to costs. Appeal partly allowed. _______________