Respondent/complainant filed a complaint before the District Forum seeking quashing of the demand notice No.1122 dated 13.12.2007 issued by the petitioner wherein the sum of Rs.1,46,560/- was demanded as penalty for committing theft of energy and another demand notice No.1123 dated 13.12.2007 wherein the sum of Rs.48,000/- was demanded by the petitioner on account of -2- compounding the offence of theft of energy against the electricity connection. The District Forum allowed the complaint and quashed the demand notice No.1122 and 1123 dated 13.12.2007 holding that the petitioner had failed to prove that the respondent had committed theft of energy. Being aggrieved, petitioner filed an appeal before the State Commission which has been dismissed by the impugned order. The State Commission has reiterated the view taken by the District Forum that the petitioner had failed to prove the charge of theft of energy against the respondent. The District Forum as well as the State Commission have observed in their order that the petitioner had failed to file affidavit of any member of the checking party; that the petitioner had also failed to put on record the videography which is mandatory to be taken in terms of para 9 of sale circular No.U-54/2007. I agree with the view taken by the fora below. The petitioner had failed to prove that there was theft of energy as the petitioner did
-3- not file any affidavit of any member of the checking party or the videography which is required to be taken mandatorily under para 9 of Sale Circular No.U-54/2007. No merits. Dismissed.
......................JASHOK BHANPRESIDENT | |