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2.3. It is submitted that the plaintiff represented his case through a complaint dt. 18.05.2010 to the Enforcement Section of the NDPL and was summoned by them. It is stated that it was mentioned in the said complaint that the meter was not the tempered one but the seals were removed by the officials of NDPL about four year back for putting in into operation. It is stated by the plaintiff that two geysers by the Inspectors, showing the consumption of 3000 Watt each in the report. Whereas the said Geysers are operated by the Gas and there is no consumption of electricity in the said Geysers, similarly the AC's shown by the Inspector consuming a load of 2250 KW of 1.5 Tons, where as the actual load consumption is 1980 KW. Similarly of AC 1.00 Ton showing the consumption is 1250 KW and the consumption of .75 Ton AC was shown as 1550 KW, whereas the actual consumption is 980 KW.

7) Relief.

6. Plaintiff examined in respect of his case Mr. Sanjay Saini as PW­1. The plaintiff relied upon the documents PW1/1 to PW1/5.

6.1. During the cross examination, it is admitted by the plaintiff that the registered consumer of connection in question is one Sh. Satpal and he is not the registered consumer. It is submitted that Sh. Satpal was the grandfather of the plaintiff.

6.2 The witness further depose that he is applied for transfer of connection in the name of his mother, 1 ½ year before. He is also admitted that he is not filed any document on record. It is denied by the witness that he is being deposing about the transfer of connection falsely. The witness admitted the inspection was carried out in our premises on 11.05.2010 in his presence and he also further admitted that he signed on the inspeciton report. The witness denied that the connection load was 14.751 KW against the sanctioned load of 5 KW. The witness admitted that the outside seal of meter box were not in existence. He deposing that the terminal seal were not there as earlier, and the official of the defendant removed the terminal seals while informing use that they change the seal. It is stated that nothing in writing was given by the officials of the defendant at that time. It is denied that the meter meter was tempered and he expresses that he don not know whether the sticker seals was also found tempered.

7.2. DW­2 Sh. Satish Kumar Gupta was also cross examined by counsel for plaintiff who is Sr. Manager of plaintiff. He place reliance on document Ex. DW2/1 to DW2/4. In the cross examination the witness deposed that he has raided the house of plaintiff on 11.05.2010 along with Bhupesh Bhandari and Sandeep. He deposed that he was on routine check up, the meter box seals and terminal seals found missing and the left seals of the meter sticker seal of tempered and the left hand side rivet of the meter found also tempered. He claimed that it was found that internal screws also had marked on them. He admitted that Sanjay Saini/representative was present on the spot and he was informed by the plaintiff that the terminal seal and meter box seal were removed by the department concerned. The DW­2 also claimed that his colleagues checked the connected load at the time of inspection. The witness could not telling whether the plaintiff informed the inspector with regard to the status of the of the geysers. The witness express his awareness about the application moved by the plaintiff with regard to the change of the name/consumer. It is denied that the facts which he has mentioned in his statement were actually not there on the spot and that he had stated so to prepare a case against the plaintiff. It is also denied that the rivet and the half seal of the meter was not removed by the wireman of the department or the meter box seal and meter terminal seal were removed by the wireman of the department. It is claimed that the he had not removed the meter from the premises.

i) Conected lad was found as 14.751 KW against the sanctioned load of 5.000 K.W.

ii) Meter box seals were found missing

iii) Meter terminal seals were found missing.

iv) All sticker seals of the meter were found tempered

v) LHS rivet was found tempered.

vi) tempered marks were found on internal screws of the meter on segregation.

Vii) Paper IR seal no. 191 dated 11.05.2010, duly signed by the joint team, was pasted on the meter box, to maintain the status quo.