CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.791/2008
SMT. NABANITA SARKAR,
K-1/46, FLAMING WAK, G/F,
CHITRANJAN PARK, ALAKHNANDA,
NEW DELHI
…………. COMPLAINANT
VS.
M/S BSES – RAJDHANI POWER LTD.,
B.S.E.S. BHAWAN,
NEHRU PLACE,
NEW DELHI-110019
…………..RESPONDENT
Date of Order: 21.03.2016
O R D E R
A.S. Yadav – President
The case of the complainant is that she is using the electricity vide K.No.25100C070021 with sanctioned load of 14.00 KW under NX category since 2002. It is stated that on 11.8.08 an inspection was carried out by Enforcement Team of OP however the same was illegal as the copy of the inspection report was not delivered to complainant even when complainant asked for the same. OP sent show cause notice dated 11.8.08 for Dishonest Abstraction of Energy alongwith load report and meter report on 22.8.08, alleging therein that complainant has disturbed the functioning of meter by using Electric Heavy Voltage(EHV) gun as is evident from CMRI. However, there was no allegation of tampering of the meter was found as it is apparent from the meter report dated 11.8.08 that all seals of the meter were found ok and intact and no other irregularities were observed, at the time of inspection. Complaint was directed to file the reply to show cause notice by 19.8.08 and to appear for personal hearing on 26.8.08.
It is further stated that on the same date complainant submitted to Officer in charge of Personal Hearing Cell(Assessing Officer) Corporate Legal & Enforcement Cell of OP requesting for withdrawal of the show cause notice. Complainant also attended the personal hearing with Assessing Officer of Enforcement Cell of OP, Shri Rakesh Gupta on 26.8.08. However, the Assessing Officer vide an impugned speaking order dated 30.8.08 rejected all the contention of complainant. In nutshell the contention of complainant is that she has never committed Dishonest Abstraction of Energy and entire action taken by OP is against law. It is prayed that OP be directed not to disconnect the supply of electricity against the impugned illegal demand of assessment bill of Rs.470680/- and also to change the erroneous meter immediately.
OP in the reply took the plea that complainant is not a consumer as is involved in Dishonest Abstraction of Energy. It is submitted that an inspection of premises of complainant was carried out by Enforcement Team on 11.8.08 where electronic current meter No.27053212 was installed against K.No.25100C070021 in favour of S.N. Banerjee. During the inspection, the joint inspection team, suspected irregularities due to current reading having fallen to 4100 kWH from 112000 kWH. Necessary photographs were taken at the site because there were numerous instances when the reading has been reset or the meter has been stopped using EHV gun. Further on the analysis of CMRI data, it was found that user of the electric connection had indulged in disturbing the recording of the meter every now and then. A total connected load of 28.49 kW(NX) was found connected against the sanctioned load of 14 kW(NX). The supply was being used by complaint for Non-Domestic purposes. The user of the electric connection was present during the entire process of the inspection but refused to accept the Inspection Report, Meter Report and Load Report.
It is further stated that based on the above irregularities in the metering equipment, the Show Cause Notice dated 11.08.2008 regarding Theft of electricity(Meter Tampering) alongwith Inspection report were served on complainant by Speed Post with request to reply on 19.08.2008 and to attend the personal hearing on 26.08.2008 as per the Tariff Provision and DERC Regulations.
In response to above Show Cause Notice, complainant and Mr. R.K. Sarkar attended the personal hearing on 26.08.087 before the Assessing Officer and pleaded their case in details. After taking into account of all the relevant facts and circumstances and giving due consideration to the personal hearing and after thorough analysis of the case, it was found that meter on which the inspection has been conducted was installed on 29.03.2004. CMRI of the meter downloaded on 11.08.08 has been analyzed and following observations have been made:-
- In the main Energy register unscheduled billing dates were recorded by the meter on 18.06.08 and 19.07.08 whereas scheduled billing dates occur on 1st day of every month at 00.00 hour.
- Multiple load survey days for the same dates opened on 18.06.08, 19.07.08, 31.07.08 and 09.08.08 wheras in normal load survey there are singly graphs.
- Maximum demand recorded by the meter in the history 1, history 4, and history 9 are abnormal.
- Meter reading on 14.06.08 at 10.46 am was 114605 kWh and 145781 kVAh, whereas on 29.06.08 at 06.21 pm readings were 1964 kWh and 2342 kVAh, similarly on 20.07.08 at 04.27 pm reading was 316 kWh and 351 kVAh. Thereafter on 09.08.08 at 5.57 am reading were 3797 kWh and 4369 kVAh and at 2.20 pm reading reduced to 3713 kWh and 4271 kVAh. Thus reverse reading on account of application of high voltage observed.
- Load survey graphs shows application of high voltage on various dates.
It is stated that a speaking order was passed by Assessing Officer on 30.8.08 establishing that it is a case of theft of electricity (Meter Tampering). The Speaking Order passed by Assessing Officer is in order as per the Tariff Provision and DERC Regulations. It is prayed that the complaint be dismissed.
It is settled law that in case of direct theft of electricity this Forum has no jurisdiction to entertain the present complaint in view of the law laid down by the Hon’ble Supreme Court in case of U.P. Power Corporation Ltd. & Ors. Vs Anis Ahmed, 111(2013) CPJ 1(SC) where it was held by the Hon’ble Supreme Court that person who is found indulging in theft of electricity is not a consumer within the meaning of Consumer Protection Act.
Keeping in view the above facts, the complaint is dismissed.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
