RSA No.3411 of 2004 (O&M) Present: Ms. Monisha Lamba, Advocate for the appellant. Mr. R.K. Gupta, Advocate for the respondent. **** This is an appeal filed by the Uttari Haryana Bijli Vitran Nigam Ltd. (UHBVN). The respondent, who was running an atta chakki, reported to the appellant that his meter was burnt. After analysis of the meter in the laboratory of the appellant, penalty was imposed for committing theft of electricity. The respondent challenged the same by way of filing a civil suit, which was decreed. The appellant alleged that the seals were tampered with before the meter got burnt. In this appeal, the only question of law which arises for determination is as to whether the findings of the Courts below on the insufficiency of evidence regarding tampering of seals is correct? This is a pure question of fact and the findings thereon have not been shown to be perverse or not arising from the evidence led. I find that the appellant has not been able to establish tampering of the seals before the meter got burnt. Therefore, I am of the considered view that the questions of law proposed, do not arise in this appeal. Consequently, the same is dismissed, however, without any costs. However, after hearing learned counsel for the parties, I find that the interest of 9% is excessive. Thus, the judgment and decree is modified to the extent that the appellant would be liable to refund the amount with 6% interest instead of 9% interest. October 22, 2008 (AJAY TEWARI) sonia JUDGE