• Theft of electricity

Sir, 
On 16/05/2019 electric engineers comes our home and find one additional wire direct connected with supplying main connection. And charge us find of Rs. 1,94,800/- which is huge we don’t have that much electric appliances to use this much electricity. we Are not financially sound persons. My father is suffering from heart disease and my brother is not mentally sound he suffered mental problems. Both of them were not able to do job and earn money. Me and my mother doing job and earn 10-15 thousand per month. We requested them please give some relief from this huge penalty. We sold out our jewellery and arrange 50000/- to give them first instalment and then after they give us 2000-3000 monthly instalment but they refused to accept that money. What to do in this matter please guide me.
Asked 5 years ago in Criminal Law
Religion: Hindu

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11 Answers

Dear sir/maam,

since you are bonafide consumer and you have not steal electricity. There is no point of giving any extra amount which they are claiming. You can file a consumer complaint against them on the ground of arbitrary action by the authority. For that, as a alternative you can send the legal notice to the electricity department and claim your hard earned money which you have given to the authority, without you being at any fault.

 

hopes that solves your query

YUGANSHU SHARMA

ADVOCATE 

DELHI HIGH COURT

Yuganshu Sharma
Advocate, Delhi
436 Answers
1 Consultation

what is basis of Rs 194000 penalty imposed upon you 

 

2) you can file complaint against service provider before consumer forum to set aside penalty imposed upon you 

 

3) seek litigation costs and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
97266 Answers
7856 Consultations

No such penalty is payable. Refuse to pay, since when you are stealing electricity ? Have they given you written notice about demand of penalty. And is consumption was more exceed 10 kilowatt. Don`t agree of any theft. Any police complained filed ?

Just tell them have no knowledge about the wire and may be your brother committed this as he is mentally not sound and keeps doing such things.

Yogendra Singh Rajawat
Advocate, Jaipur
23005 Answers
31 Consultations

Hi,

If you feel that  no theft was committed by you, you should file complaint to concerned appellate authorities of railway against the action of electric engineer and pray for waiver of amount charged by them.

Ganesh Singh
Advocate, New Delhi
6769 Answers
16 Consultations

You can deny the charges and contest the same in court

Prashant Nayak
Advocate, Mumbai
32693 Answers
208 Consultations

Hello, 

Has the FIR under section 135 been filed against you? 

Have you been served with any notice? 

Please share the documents for a concrete legal advise on the issue. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Sir/madam

Hello you don't told in your question that additional wire are you using intentionally if yes how long years you using that connection illegally.

If you don't use any illegal connection and they are charged false allegation against you then

You file complaint against them.

 

Thanking you

NM shetty

 

 

 

 

N M Shetty
Advocate, Hubli-Dharwad
15 Answers

Under the Electricity Act the offence of power theft under section 135 is punishable with in imprisonment that can extend up to three years or with fine or with both.You can file complaint before consumer court, contact local lawyer. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Dear sir

The first step you should take is to file an objection before the  assessing officer under section 126(3) of electricity act with in 30 days who should give you a reasonable opportunity of hearing your defence and plead regarding the fine imposed upon you. 

And if you are not satisfied with the decision off assessing office you can appeal against the order of section 126 of electricity act to the appellate authority eatablished by state commission with in 30 days of the Final order. for that you have to deposit half amount first. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Has any FIR under Electricity Act been lodged against you?

Siddharth Jain
Advocate, New Delhi
6386 Answers
102 Consultations

The electricity theft is a sessions offence hence if you do not pay the requisite amount then they may lodge a criminal complaint which will become more serious.

However you may give a written representation to the authorities concerned along with the proofs of the disease of your father and your brother and try to convince them.

If they do not accept your request then you may atleast borrow time to consider you to pay them in installments.

 

T Kalaiselvan
Advocate, Vellore
87463 Answers
2348 Consultations

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