High Court Dismisses Appeal in Electricity Meter Tampering Case: Insufficient Evidence to Prove Allegations:  Gujarat High Court

In a significant judgment, the Gujarat High Court has dismissed an appeal by the Paschim Gujarat Vij Company Limited against Girnar Cement Pvt Ltd, concerning allegations of electricity meter tampering and power theft. The Court upheld the Trial Court’s decision, emphasizing the lack of substantial evidence to substantiate the claims of the electricity company.

The appellant, Paschim Gujarat Vij Company Limited, had filed an appeal challenging the Trial Court’s verdict that dismissed their suit for the recovery of Rs. 24,09,963.55, claimed as electricity consumption charges from the respondent, Girnar Cement Pvt Ltd. The plaintiff alleged that the defendant engaged in power theft by tampering with the electricity meter.

However, the High Court, presided over by Honourable Mr. Justice Biren Vaishnav and Honourable Ms. Justice Nisha M. Thakore, scrutinized the evidence presented and found it lacking in proving the allegations. “The evidence on record by the company suggested that there was no laboratory examination done of the meter, that in fact, it was a case where theft could not be proved and the bill was raised on the basis of presumption,” the Court observed.

The Court’s critical analysis highlighted inconsistencies in the plaintiff’s claims and the insufficiency of the evidence to prove meter tampering or justify the recovery amount. “All these, therefore, would suggest that there was no evidence on record for the plaintiff to come to a conclusion that it was entitled to a decree of recovery of Rs.24 lakhs and odd when based on its own evidence it had failed to prove its case,” the judgment read.

The defendant’s counsel, Mr. Ashish M Dagli, successfully defended the allegations, pointing out the absence of concrete evidence for meter tampering and highlighting past cases where similar claims by the plaintiff were dismissed.

This judgment is a reminder of the stringent standards of evidence required in allegations of utility fraud and the importance of concrete proof in such cases. It sets a precedent for future disputes in the power sector, emphasizing the necessity for thorough investigation and substantiation of claims before seeking legal recourse.

Date of Decision: 18 December 2023

PASHCHIM GUJARAT VIJ CO. LTD VS GIRNAR CEMENT PVT LTD