9911796707
TMI Blog1996 (4) TMI 540X X X X Extracts X X X X X X X X Extracts X X X X ..... 9; staff inspected the electrical installation of the respondents connected by the appellant-Board. In the proceedings recorded after the said inspection, the facts noted are as under : During the course of inspection, Shri Dilip was present as the representative of M/s. Harsh Wood Products, Banmore and found the following irregularities. Connection No. 1156 (2556)- 1. No Seal found on Meter terminal cover. 2. Body seals of the meter, bearing No. 490812 (Right side) and 01443 (Left Side) found tematampered. 3. The seals on Meter Box, bearing No. 38556/SE Morena, C10/MPEB Gwalior, found OK. Connection No. 1158 (2824) (1) No seal found with Meter terminal cover. (2) Meter Body seals, bearing No. 49817 (Right Side) & 013361 (Left ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsumer]" 3. In the said proceedings, one Mr. Dilip had represented the respondent-industry and he was also the signatory to the proceedings. Thereafter, notice was issued to the respondents on August 26, 1991 informing that the meter body seals were tampered and damage with seal wire. The seals of the meter terminal block were found missing which would indicate that the function of the meter was disturbed to reduce the consumption of electrical energy. Therefore, the respondent-Industry was directed to pay the difference of the assessed amount said to be in a sum of Rs. 6,51,256.61 at the earliest. It was also pointed out that bill for the further past years was being examined and the decision would be taken and intimated in due cours ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the High Court is sustainable in law. It would be seen that Section 49 read with Section 79 of the Electricity (Supply) Act, 1948 gives power to the appellant-Board to determine and also to revise tariff from time to time. Admittedly, in exercise of the power the tariff has been determined and the principles governing the supply of electricity have been enumerated. Clause 31(e) is relevant in this behalf. It provides as under : (e) Where any consumer is detected in the commission of any malpractice with reference to his use of electrical energy including authorised alternations to installations, unauthorised extension and use of devices to commit theft of electrical energy the Board may, without prejudice to its other rights, cause the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that since the proceedings are pending, it would not be desirable to record any finding in this behalf. 7. The learned counsel for the respondent placed strong reliance on Section 24 of the Indian Electricity Act, 1910 which contemplates seven days' notice before disconnection. Section 24 does not apply to demand on detection of pilferage. It would apply to a case of regular supply made and prior demand for payment of electricity charges with a notice of seven days to be made and for failure to pay within the given time, after expiry of seven days, the appellant as a licensee would get the right to disconnect the supply of electrical energy. It would thus be seen that disconnection will be in the course of regular supply of electricit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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