Shri Amar Bansal vs North Delhi Power Limited
2009 Latest Caselaw 1792 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI


        +         LPA No. 193/ 2009 & C.M. Nos. 6190-91/2009

        SHRI AMAR BANSAL                                ..... Appellant
                      Through:         Mr. Ujjawal K. Jha and Mr. B.P.
                                       Agarwal, Advocates.

                            versus

        NORTH DELHI POWER LIMITED              ..... Respondent
                      Through:  Mr. Sudhir Nandrajog, Senior
                                Advocate with Mr. Siddharth
                                Bambha and Mr. Diwakar
                                Sinha, Advocates.

CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE NEERAJ KISHAN KAUL
                   ORDER

% 01.05.2009

C.M. No. 6191/2009 (for exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

LPA No. 193/ 2009 & C.M. 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 installments. The learned Single Judge has also stayed the

impugned bill dated 23rd February, 2009, subject to the appellant

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 appellant's 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. 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.

CHIEF JUSTICE

NEERAJ KISHAN KAUL, J May 01, 2009/sb