Research › Search › Judgment

Delhi High Court · body

2009 DIGILAW 515 (DEL)

AMAR BANSAL v. NORTH DELHI POWER LIMITED

2009-05-01

AJIT PRAKASH SHAH, NEERAJ KISHAN KAUL

body2009
ORDER CM. No. 6191/2009 (for exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. LPA No. 193/2009 & CM. Nos. 6190/2009 (for stay) 3. Notice. 4. Mr. Diwakar Sinha, learned Counsel accepts notice on behalf of the respondent. 5. The present appeal is directed against the order of the learned Single Judge dated 23rd March, 2009. The learned Single Judge in the said impugned order has directed the appellant (the original petitioner in the Writ Petition) to pay a sum of Rs. 8,00,000/- to the respondent (the original respondent in the Writ Petition) in three staggered instalments. The learned Single Judge has also stayed the impugned bill dated 23rd February, 2009, subject to the appellant a depositing the amounts as directed by the learned Single Judge. 6. Briefly stated, the facts of the case are as follows: The respondent inspected the premises of the appellant on 4th September, 2008 when the following salient observations were made- 1. A load of 59.268 KW was found connected against sanctioned, load of 45 KW for industrial purpose. Shunt capacitor found installed / not installed. 2. Meter No. 02266242 found as injection of high voltage (AC/DC) into the meter. 7. As per the North Delhi Power Limited (in short NDPL), the above observations prima facie indicated Dishonest Abstraction of Energy (DAE)/ Misuse, Unauthorised Use, LPF. The appellant was, therefore, issued a show cause notice asking him to file his response to the said allegations. The appellant gave a detailed response to the allegations contained in the show-cause notice. Thereafter a speaking order was passed by the respondent on 23rd February, 2009. The respondent rejected the reply of the appellant and inter-alia observed in its order that on the basis of analysis of downloaded data which showed abnormal events of prolonged power failures on number of occasions and its comparison with data of same source meter which did not reflect any such abnormalities. The contention of the appellant as regards ways of injection of high voltage and absence of any artificial means were held to have become totally irrelevant in view of the fact that all evidence on record conclusively established the appellants deliberate act of high voltage (AC/DC) injection into the meter as the irregularities detected were such which could not occur in normal circumstances unless someone would cause or create them. It was further held in the speaking order that moreover, the data analysis of the other meter also ruled out the impact of all extraneous factors and, therefore, led to the only conclusion that it was done deliberately and by doing so illegal and unlawful gain was taken. After a detailed discussion, the respondent came to the conclusion that dishonest abstraction, consumption or use of electricity was conclusively established against the appellant. 8. It is the contention of the appellant inter alia that though the show-cause notice alleged that there was injection of high voltage (AC/DC) into the meter, but it was nowhere mentioned that how and when such alleged high voltage was injected and what was the effect of injecting the high voltage into the meter. The petitioner also contended that the data was analyzed by the Manager / Senior Manager of the respondent Company, who was an interested party whereas, as per the regulations, the data was to be analyzed in a third party laboratory. It is also the case of the petitioner that if the high voltage as alleged is indicated then there will be no display in the meter and the screen will show blank but in this case the meter was showing the display and as the meter was showing the actual reading regularly, the meter was still working at site and thus allegation of injection of high voltage into the meter was incorrect. 9. It was submitted by the learned Senior Counsel appearing on behalf of the respondent that this method adopted by the appellant of high voltage (AC/ DC) injection into the meter was a relatively recent but rampant practice now being adopted by some consumers for dishonest abstraction of energy. 10. In view of what has been stated hereinabove, we deem it fit and appropriate to request the Dean of IIT, Delhi to nominate a Two Member Committee consisting of Electronic and Electrical Engineers competent to deal with such issues to examine the matter and file a report in this Court before the next date of hearing i.e. 9th July, 2009. The composition of the said Committee would be intimated by the Dean, IIT Delhi to both the appellant and the respondent. The appellant and the respondent would also be entitled to make written representations before the Committee. The composition of the said Committee would be intimated by the Dean, IIT Delhi to both the appellant and the respondent. The appellant and the respondent would also be entitled to make written representations before the Committee. It will be open to the respondent to send all relevant material/data as also the site inspection meter to the Committee for its perusal and analysis. The Registry is directed to send a copy of this order to the Dean, IIT Delhi for necessary compliance. 11. Renotify on 9th July, 2009. 12. In the meantime, there will be a stay of the impugned order dated 23rd March, 2009. Renotify on 9.7.2009.