7/1/07 and further 1688 units vide bill dated 5/3/2007, 1230 units vide bill dated 16/5/07 and 1312 units vide bill dated 2/9/07m 1011 units vide bill dated 5/11/07, 2379 units vide bill dated 6/1/08 and 5493 units vide bill dated 3/3/08 and 2042 units vide bill dated 6/5/08. The perusal of MCO vide Ex.R2 dated 31/10/07 is allegedly signed by the consumer and officials of the PSEB and checking record Ex.R3 dated 711/07 indicates that the meter was dead stop from yellow and red phases whereas reference to the ME Lab by the Sub Division Office of SDO Begowal Ex.R3 indicates that meter was dead stop by one phase. Likewise final order of assessment Ex.R6 indicates that amount of Rs.39738/- was levied on account of meter being dead stop by one phase on the basis of data calculation vide Ex.R7. Be that as it may, firstly perusal of checking report Ex.R9 and also reference to ME Lab Ex.R3 are contradictory in terms about nature of the meter being dead stop by one phase or two phases and likewise final assessment order Ex.R6. Secondly, complainant has rightly questioned stand of the opposite party Board about arbitrary calculation of electricity consumed on account of non compliance of Sales Regulation's Regulation No. 67.1 and 67.2. In a similar case reported as PSEB Vs. Mohan Lal 2007 (i) GET page 193, the impugned bill was quashed as ifiegal and contrary to the Provision of Sales Regulation No. 67.1 and 67.2 because of unilateral procedure conducted about the checking of the meter and without testing of the meter in the ME Lab in the presence of the consumer and thus violation of the principle of natural justice. Regulation No. 67.1 clearly envisages that the JE would report on the line to determine as to whether the damage to the meter is due to the default, negligence on the part of the consumer and thereafter the alleged burnt meter or the defective one has to be tested in the ME Lab in the presence of the consumer or authorized representative. The consumer, therefore, has at least a right under the Rules of natural justice to know as to when the meter is going to be checked who knows that the default being pointed out by the ME Lab may have occurred due to the burning of the meter. All these things could have been made the subject matter of cross check by the complainant had he been given the opportunity to be present at the time the meter was tested in the M. E. Lab ." We also find that entire proceedings have been conducted unilaterally by the officials of the Board inasmuch as no procedure was adopted regarding packing of removed meter in the sealed car board box signed by the complainant or his representative nor checking of the same in the presence of complainant/his representative in the ME Lab for provisional assessment order was passed, whatsoever, being violation of CC No.53/2006 and also Section 126(6) of the Electricity Act, 2003. Therefore, we are of the opinion that impunged bill dated 6/5/08 is illegal, null and void based on arbitrary calculation and as such same is liable to be quashed to the extent of sundry charges of Rs.39860/- .<br /> 8. We also find that complainant is "consumer" within the meaning of Section 2(i)(d) of the Consumer Protection Act, 1986 inasmuch as he is running the shop to earn his livelihood by means of self-employment. The electricity is being consumed by him not for commercial purpose to facilitate his business in the shop at a very small scale.<br /> In the ultimate analysis of aforesaid discussion, sudnry charges to the tune of Rs.39860/- added in the im;punged bill dated 5/4/08 are hereby quashed with further direction to the opposite parties to refund amount of Rs. 5493/- deposited by the complainant in terms of the stay order dated 29/5/2008 passed by this forum with interest @ 9% p.a. from the date of deposit till realisation and also Rs.3000/- as monetary compensation for mental agony and physical harassment on account of deficiency in service on the part of opposite parties besides Rs.1000/- as cost of litigation payable by the opposite parties to the complainant within one month from the receipt of copy of this order.<br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : (Gulshan Prashar ) ( Shashi Narang ) ( A.K. Sharma)<br /> 25.9.2008 Member Member President.<br />