Skip to main content

OVERVIEW: ELECTRICITY ACT 2003, THEFT AND UNAUTHORISED USE

 Hello friends today we will talk about some basic concepts governed by the Electricity Act and their application in day to day life. It is very interesting to note here that the first law pertaining to the regulation of Electricity came in as early as in the year 1910. However, further progress of law in this field has been quite slow and remained at the verge of stagnation. Initially the entire medium was governed by State Agencies, gradually the private sector was entrusted with the task.

Salient features of the Act:

Part XII Sections 126-130 talks about the Investigation and Enforcement

Sec 126 deals with the unauthorized use:- in lay man terms, unauthorized use of electricity is defined as usage of electricity by artificial means using tampered meters, using the electricity for purpose other than it was issued, using it for any other premises for which it has not been sanctioned, connecting with the pole, etc. In dealing with any of the situations as mentioned above, the relevant authority/distributor is being empowered with the power to inspect the house for assessment. Thereafter the assessee/ consumer can file his objections which is thereafter followed by the assessment order. In case the said consumer is found guilty, then apart from the charges for unauthorized access, penalty to the amount of tariff may also be levied.

Sec 127 is the provision which deals with the appeal of the order passed under Sec 126 of the act within 30 days of the order to the prescribed appellate authority.

Part XIV Sec 135 deals with the concept of theft of electricity 

 Sec 135 of the act deals with the theft of electricity. As per this provision whoever dishonestly makes connection with the underground cables, or tampers a meter, calibration or metering of electric current, or cause damages to the electric meter, etc.

Immediately after the detection of theft, the supplier/distributor shall disconnect the supply of electricity by any authorized officer duly appointed and designated as desired. The said officer may then lodge a complaint in writing in the police station having jurisdiction within 24 hours of the act of disconnection;

The authorized officer thereafter upon receipt of payment towards the assessment order, shall without effect to the police complaint filed, can restore the electricity within 48 hours of such deposit.

 

CASE LAWS

Supreme Court in judgment reported at 2013 (8) SCC 49 held that consumer forum, civil court, etc. do not have any jurisdiction to deal with the issue regarding theft of electricity and other related matters. It has been made clear that such matters shall be dealt with the forum which has been constituted under the said act.

Supreme Court in another judgment reported at 2011 (10) SCC 779 examined entire scheme of the said act and held that in case of commission of any offence under the said act, all types of actions whether civil action or for damaged liability or even criminal action against the alleged offender may be instituted in parallel.    

 Supreme Court in judgment reported at 2019 SCC online Pg 1077 held that the basic difference between the offence of theft of electricity and one of unauthorized access, is the presence of dishonest intention / mens rea. In case there is wilful act involving dishonest intention, then it amounts to theft otherwise it may be simply be regarded as unauthorized usage.   

 

I hope I have given sufficient information in relation to the topic being discussed herein. For any further queries, please feel free to write in the comment section below.

Comments

Post a Comment

Popular posts from this blog

MARRIAGE REGISTRATION PROCESS IN DELHI

 Hello friends today we shall talk about the procedure for registration of marriage in Delhi.   ELIGIBILITY The marriage must have been solemnized either under the Hindu Marriage Act or under the Special Marriage Act, The Groom must have attained the minimum age of 21 years. The bride must be of the age of 18 years at least.   DOCUMENTS REQUIRED Photo ID proofs of both the parties like Aadhar card / PAN card / Voter card Date of birth proofs of both parties like 10 th certificate, etc. Permanent address proof must be there . Marriage photographs and Invitation Card. Passport Size Photographs of both parties. 2 witness in case marriage registered under Hindu Marriage Act or 3 witnesses in case it is registered under the Special Marriage Act along with their respective proofs like PAN CARD/ AADHAR CARD etc. An affidavit from both parties certifying the date of their marriage and more specifically stating that the marriage has not been performed between pers...
1 comment
Read more

BENGALURU CONSUMER COURT IMPOSES PENALTY ON FLIPKART

RECENTLY BENGALURU DISTRICT CONSUMER FORUM DIRECTED ONLINE MERCHANT FLIPKART TO REFUND AN ANOUNT OF RS. 13,999/- ALONGWITH COMPENSATION OF RS. 10,000/- TO A 80-YEAR OLD FOR CAUSING MENTAL AGONY. BRIEF FACTS An 80 -Year Old Consumer ordered a treadmill on the online site of Opposite Party Flipkart. In compliance the treadmill was delivered to the consumer. At the time of installation of the product, it was revealed by the technician that the treadmill is faulty. On coming to know that the consumer returned the product to Flipkart and sought replacement. Initially Flipkart failed to replace the product but in some time, the replaced product was delivered to consumer, however, despite requests they failed to send the technician. When consumer tried to fix the same on its own, it was found that the product was of some other company. In other words, it was not the same product which has been initially ordered by the consumer. With no resolution, the consumer was left with no other option bu...
Post a Comment
Read more

KERALA HIGH COURT BARS ENTRY OF 10 YEAR GIRL FROM ENTERING SABARIMALA TEMPLE

RECENTLY KERALA HIGH COURT DISMISSED WRIT PETITION FILED UNDER ARTICLE  226 OF CONSTITUTION FILED BY FATHER ON BEHALF OF HIS 10- YEAR OLD GIRL FOR SEEKING AN ORDER TO ENTER SABARIMALA TEMPLE. THE SAME IS DISMISSED IN LIGHT OF REVIEW PENDING ON THE SAID ISSUE BEFORE THE LARGER BENCH OF THE APEX COURT. BRIEF FACTS 10 year old girl filed a writ petition before the Kerala HIgh Court seeking relief of mandamus seeking directions to Travancore Devaswom Board to allow her to offer pilgrimage to Sabarimala Temple without taking into account the restrictions of age since she has not attained puberty or in the alternative to allow the request of the minor on sympathetic grounds. It is contended by the Petitioner that they are planning to visit the temple since long and it has been delayed due to onset of Covid earlier. Now, the family is under distress and also the father of Petitioner is not in good health. Hence, they have applied the same online but since in the meanwhile the age of Petit...
Post a Comment
Read more