SUB DIVISIONAL OFFICER (P), UHBVNL versus DHARAM PAL

SUB DIVISIONAL OFFICER (P), UHBVNL versus DHARAM PAL

Tampering with an electricity meter does not fall within the scope of Section 26(6) of the Indian Electricity Act, 1910; consequently, no reference to the Electrical Inspector is required in such cases, and the orders by the consumer forums directing such reference are incorrect and quashed.

Parties
Appellant: SUB DIVISIONAL OFFICER (P), UHBVNL; Respondent: Dharampal
Jurisdiction
India
Judgment Date
15 November 2006
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court
Outcome
Appeal allowed
Legal Topics
Meter Tampering, Reference to Electrical Inspector, Correctness of Meter, Natural Justice
Electricity Law Consumer Protection Meter Tampering Reference to Electrical Inspector Correctness of Meter Natural Justice

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Parties

SUB DIVISIONAL OFFICER (P), UHBVNL

Appellant

Dharampal

Respondent

Procedural Posture

Civil Appeal / Final Appeal Before Supreme Court

Legal Issues

  1. 1 Whether a case of tampering with an electricity meter is covered under Section 26(6) of the Indian Electricity Act, 1910
  2. 2 Whether reference to Electrical Inspector is required in case of alleged meter tampering

Ratio Decidendi

Tampering with an electricity meter does not fall within the scope of Section 26(6) of the Indian Electricity Act, 1910; consequently, no reference to the Electrical Inspector is required in such cases, and the orders by the consumer forums directing such reference are incorrect and quashed.

Court Disposition

Appeal allowed

Orders

  • Orders passed by District Forum, State Commission and National Commission are quashed
  • No order as to costs