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Showing contexts for: dvb in Complainant vs M/S Night Queen Electrical (User & R/ C) on 13 February, 2013Matching Fragments
1. The facts of the case are like this. M/s Night Queen Electricals (accused no.1) is a partnership firm. The complainant company has sanctioned a single point distribution connection to M/s Night Queen Electricals situated at R9, Block R, Vikas Nagar, Uttam Nagar, New Delhi. On 1.4.2006 at 4:30 pm a joint inspection team headed by Sh. Sanjay Kumar, Manager (Enforcement) of the complainant company inspected the premises no. R9, Block R, Vikas Nagar, Uttam Nagar, New Delhi (hereinafter referred to as inspected premises) of M/s Night Queen Electricals. Accused no.1 is user and registered consumer of SPD meter with K No. 224093009002 installed at inspected premises. Accused no.2 to 4 are the partners of accused no.1. The inspection team checked the meter no. DVB/00036 with K number 224093009002 along with CTPT box. The seals of terminal cover and plastic seals of CTPT box number R201694 and 95 were found tampered and refixed. The meter box plastic seals no. R789730 was removed to download CMRI data for further analysis to ensure that CTPT connection inside the box is deliberately tampered to manipulate the recording of consumption of the electricity. A connected load of 873.854 KW was found connected against the sanctioned load of 270 KW under domestic category. The photographs of the inspected premises were taken. The video of the inspected premises was also prepared. Inspection report, meter details report, load report and show cause notice were prepared and offered to the consumer who refused to receive and sign the same. Four IRs no.74402, 03, 04 and 05 were pasted on the tampered meter and CTPT box with the direction to maintain status quo. The meter was retained at site. The show cause notice was sent by post to the accused vide postal receipt dated 12.04.06. The accused have filed the reply dated 21.04.06 through their counsel. On 25.04.2006 Sh. Kuldeep Kumar, partner of accused no.1, along with his counsel attended the personal hearing. CMRI data was given to the accused and 15 days time was granted to file the reply. The note sheet was prepared separately. The date of personal hearing was refixed for 05.06.06 instead of 10.05.06 on the receipt of letter from Sh Rajpal i.e. representative of the consumer and fresh show cause noticed dated 25.05.06 was issued. The hearing was rescheduled for 09.06.06 on the request of accused no.3. On 09.06.06, accused no.4 along with Sh. Sanjeev Kumar Advocate attended the personal hearing. The photographs and video were shown to the them. A copy of CMRI data was provided to them and 15 days time was granted to file the reply. The date of hearing was fixed for 14.06.06. No further submission was received from the accused/consumer. The case was duly considered by Assessing Officer by examining the CMRI data and documents on record who passed the speaking order dated 31.07.06. An assessment bill for theft of electricity (meter tampering) was raised against the accused which remained unpaid. Hence, this complaint.
16. During cross examination, he admitted that his signature is at point A on Ex.CW1/I wherein he has been shown as a partner. The suggestion is denied that he was a partner in accused no.1 and for that reason he had gone to seek adjournment.
17. DW4 Rajender Singh DahiyaAGII of the complainant company stated that Ex.DW4/1 is the copy of the Registration of accused no.1. Mark A to E are the photocopies of partnership deed, partnership deed of M/s Haryana Electricals, circular dated 13.09.2000, copy of registration of declaration of ownership and another registration of declaration of ownership document dated 03.03.2001 pertaining to M/s Haryana Electricals. Ex.DW4/24 are the indemnity bond of accused no.1, affidavit and affidavit dated 17.10.2000 of Sukhbir Singh. Ex.DW4/5 and 6 are agreements dated 17.10.2000 between DVB and Sukhbir Singh and agreement in the name of M/s Haryana Electricals. Ex. DW4/7 are the copies of bills of accused no.1 from April 05 till July 06. Mark F is the photocopy of agreement dated 17.04.2002 between DVB and Rajneesh Kumar and Jasbir Singh, partners of accused no.1.
29. Document mark 'F' is an agreement between DVB and accused no.1 through its partners. This document is filed by the accused though it is not duly proved on record but it can be read against the accused. A bare perusal of this document shows that accused no.1 will prepare a statement of all hutments of the area and will lay insulated low voltage wires on the poles for distribution of electricity after receiving in bulk for one or more point from DVB. This shows that supply of the electricity can be disrupted for the purpose of laying down the wires for the purpose of providing connection electricity to the houses which further gives an access to the accused to CTPT box to switch off the electricity. The tampering at high voltage is possible stands explained.
38. It is clear from Ex.DW4/5 and 6 that agreements dated 22.02.2001 were executed by Sukhbir Singh as partner/proprietor of M/s Haryana Electricals in favour of DVB for the supply of single point delivery connection who also executed affidavits and indemnity bond Ex.DW4/3 and 4 in favour of DVB. It shows that Kuldeep Singh, Amit Kumar and Zile Singh are the partners of M/s Haryana Electricals. It is apparent from the document on record that Kuldeep Singh is partner of M/s Haryana Electricals and there is no documentary evidence to show that accused Kuldeep is a partner of M/s Night Queen Electricals.