Petitioner imposed a penalty of Rs.1,41,840/- on the respondent on the ground that the meter was not showing consumption.  Supply was disconnected.  Penalty of Rs.1,41,840 was imposed.  Case of the respondent was that the house remained unoccupied as she was residing with her daughter at Calicut for the last 4 years; that the respondent got the electricity restored by paying 50% of the penalty amount. 

District Forum allowed the complaint, aggrieved against which, the petitioner filed the appeal before the State Commission, which has been dismissed.

        Primarily, the fora below have quashed the penalty imposed by the petitioner on the ground that the petitioner had failed to prove the theft of electricity; that the petitioner did not produce the scribe of the document or the persons who witnessed the Mahazar; that no officials of the Anti Power Theft Squad of the petitioner, who had inspected the premises of the respondent, were produced.

        We agree with the view taken by the State Commission.  Production of document is one thing and proof the same is another.  Petitioner failed to prove the document by producing either the scribe of the document or the persons who had witnessed the same.  Petitioner was basically relying on the Mahazar which it has filed to prove.  There is no other evidence on record to show that the respondent was stealing the electricity.  Dismissed.