IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No. 206 of 2009 (O&M) Date of decision : May 01, 2009 R.K. Sharma Appellant Versus DHBVNL through Assistant Executive Engineer Respondent CORAM : HON'BLE MR. JUSTICE A.N. JINDAL Present: Mr. Parampal Singh, Advocate for Mr. Hari Om Attri, Advocate for the appellant A.N. JINDAL, J. (ORAL) It is plaintiff's second appeal against the judgment dated 12.8.2008 passed by Additional District Judge, Hisar dismissing the appeal against the judgment dated 23.11.2007 passed by Civil Judge (Jr. Division) Hisar. Brief facts of the case are that appellant-plaintiff was a consumer of electricity and holding an account No. J4-11/144. The Officers of the Electricity Department had conducted a raid on 25.8.2005 at his house and observed that M & T seals were fake and two TC seals were tempered. Therefore, the defendant issued a show cause notice as to why compensation as required under Section 126 of the Electricity Act, 2003 is not paid by the plaintiff. Thereafter, the plaintiff was also asked to compound the case but to no effect. Ultimately the defendant had to remove the meter in question from the premises of the same day. The plaintiff further alleged that due to the threat given to him regarding planting a criminal case against him, he had to deposit compensation under protest and without prejudice to his rights vide his protest letter dated R.S.A. No. 206 of 2009 2 27.8.2005. However, he has now challenged the said deposit of Rs. 20,000/- and has asked for the refund of the same along with interest at rate of 12% per annum. The suit filed by the appellant was dismissed, the appeal preferred by him also failed. Main thrust of the argument advanced by the appellant is that in checking report Exhibit P-7 (Exh. D-2) it transpires that M & T seals were found to be fake and TC seal were found to be tampered but the department had failed to prove the same. In this regard it has been observed that the connection in question was installed at the house of the appellant and M & T seals were found to be fake and TC seal were found to be tampered on the said meter installed at his house, therefore, it was for the plaintiff to explain as to how these seals were tempered. Checking report duly indicates regarding something fishy in the electric meter. The meter was inspected in the presence of wife of the plaintiff and no explanation is coming forth as to why and in what circumstances as the seals were tampered. However, she has not been examined to explain the situation. Having scrutinized the impugned judgment, it transpired that there is no irregularity which warrants interference of this Court. No substantial question of law arises in this case. Hence Dismissed. (A.N.JINDAL) 01.05.2009 JUDGE reena