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Smt. Jagdish Narayan vs North Delhi Power Limited And Anr. ... on 18 April, 2007

In Jagdish Narayan (Smt.) Vs. North Delhi Power Limited 2007(140) DLT 307, it was held by the Hon'ble High Court of Delhi that no indication from inspection report for using any device or film or a shunt to slow down the meter no accu check operatus was used to determine if the meter was in fact recording lesser energy than it should. No photographs of the condition of the meter at the time of inspection have been shown although that by itself could not constitute proof. Penalty formula used by respondent itself can not supply proof of DAE. Application of LDHF formula also not constitute "conclusive proof" of DAE. Denial of show cause notice and refusal to accept inspection report by the petitioners­meter not installed in temper proof condition and outside reach of any mischievous third party. In such circumstance not reasonable to draw inference of DAE merely on discovery of some signs of tempering. It was also held that an inference of DAE should not be permitted to be drawn on the mere fact that a meter had been found with broken seals. No case of DAE was made out in the aforesaid case.
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