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1 - 4 of 4 (0.20 seconds)The Electricity Act, 2003
Col. R.K. Nayar (Retd.) vs Bses Rajdhani Power Ltd. on 18 April, 2007
In Col. R.K.Nayyar Vs. BSES Rajdhani Power Ltd. 140 (2007) DLT 257, it has
been held by the Hon'ble High Court of Delhi that mere tampering of seals is not
sufficient to make out a case for Dishonest Abstraction of Energy. There has to be
direct and conclusive evidence to establish complicity of the consumer in the
tampering of the meter before raising the demand, which is punitive in nature. It
has also been held that the computed load can not furnish basis of the allegations of
Dishonest Abstraction of Energy. The load is to be computed only after the case of
Dishonest Abstraction of Energy has been made out by independent and conclusive
evidence. It was observed as follows:
"To explain this further, where the respondent finds on inspection
some evidence of 'tampering' like a missing or broken glass, a broken
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seal, a missing or tampered rivet, it usually notes that it is a case of
'suspected DAE'. It has to then proceed to investigate further to
confirm this suspicion.
Section 138 in The Electricity Act, 2003 [Entire Act]
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