failed to produce the original
monogram despite directions;
vii. no inference of DAE can be drawn on the
basis of stickiness of the meter ... subtracted from
assessed units in terms of regulation 30 (i) and
the DAE bill is prima facie wrong.
ix. the speaking order/consumption pattern
accused to show cause why the
case of Dishonest Abstraction of Energy (DAE) should not be
registered against him. The accused persons were granted
opportunity ... above judgments, it is
held that in order to establish DAE through
conclusive evidence, it is incumbent on the
respondent to show, not merely with
Plaintiff where they allegedly found that the Plaintiff was
indulged in DAE.
10. The Defendant submitted that upon this inspection, a case of
Balkishan Goyal ... BSES YPL Suit No.660/08 Page 4 of 10
DAE was booked against the Plaintiff. Show-cause notice was issued and
personal hearing
regarding commitment of any offence of
theft/tampering/ dishonest abstraction of energy
(DAE), shall promptly conduct inspection of
consumer's premises. The inspection team ... brought out whether
the case is being booked for direct theft or DAE.
(iv) No case for DAE shall be booked only on account
Meter
report. They have also deposed that a show cause notice of DAE was served upon
the accused. Photographs of the inspection were taken ... vide which the company held the case to be established case of DAE.
Page 3 of page 9
4
6 Incriminating evidence
found indulged in Dishonest Abstraction of Energy
(hereinafter referred to as DAE) as a deliberately created cavity was found
in the upper left portion ... consumption pattern were analyzed and it was concluded that the DAE is
established against the Plaintiff. Accordingly, the speaking order dated
11.01.2005 was passed
Plaintiff was indulged in Dishonest
Abstraction of Energy (hereinafter referred to as DAE) by insulating
incoming neutral of the meter with the help of insulation ... against the sanctioned load of 1kw. The
Plaintiff was found indulged in DAE by insulating incoming neutral of the
meter with the help of insulation
impugned
bill has been raised on the allegations of DAE as allegedly, the following
discrepancies were found in the Plaintiff's meter during ... High Court that a case of
DAE cannot be booked on the basis of these allegations alone(Col. R.K.
Nayar v. BSES
plaintiff but the defendant
implicated the plaintiff in a case of DAE/theft of electricity falsely and
wrongly in respect of said connection ... said
alleged inspection dt.30.09.2004 the defendant raised a DAE bill
amounting to Rs.57,157.11 with due dated 27.12.2004, however, the
plaintiff
personal hearing officer opined
conclusively the case to be one of DAE. A DAE bill with due date ... dismissed on the ground that plaintiff has been making payment
towards the DAE bill without any protest and had also been availing all the
facilities
