applicant that on raiding premises of respondent<br /> both M & T seals were found tampered with and terminal<br /> seal was missing. The meter was not got checked <br /> from M & T Laboratory that it was running slow <br /> or was not running properly- From the mere fact <br /> that seals were tampered with, it cannot be said that<br /> theft of energy had been committed- District Forum rightly<br /> held that it is not proved that respondent had committed<br /> theft of energy and as suh quashed penalty."<br /> Since the meter was not got checked from the ME Lab before imposing penalty whether it was running slow or it was not running properly or complainant had tampered both M & T seals of the meter, mere allegation of pilferage of electric energy by the opposite parties on the alleged facts that seals were tampered with in the absence of corroborative evidence of testing report from the ME Lab, it cannot be held that complainant had committed theft of electricity. On the other hand complainant has produced energy bills issued by the opposite parties.Ex.C7 to C9 showing the status and functioning of the meter with 'O' code as okay and have been making payment of energy bills served upon the complainant from time to time regularly. .<br /> In the ultimate analysis of aforesaid discussion we quash memo No.2040 dated 18/12/2008 for demand of Rs.21427/- from the complainant being illegal, null and void as well as contrary to the provisions of Electricity Act, 2007 and instructions of the PSEB. Opposite parties are also directed to pay Rs.2000/- as compensation on account of deficiency in service for which complainant suffered mental tension and harassment and Rs.1000/- as litigation expenses within one month from the receipt of copy of this order.<br /> Let certified copies of order be supplied to the parties without any unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : Shashi Narang Gulshan Prashar Paramjit Singh <br /> 30.4.2009 Member Member President.<br />