Best electricity theft case
ASGAR FANSOFKAR
(Querist) 13 May 2014
This query is : Resolved
Dear Sir's
I am a social worker and a Vice President of Charitable Organization.
I was out of station on business trip and this was known to everybody in my compound.
After 2 days of my departure from Mumbai, BEST vigilance team of 12 men forcibly entered my house when my wife was alone with a six month baby. They claimed theft of electricity and took signature of my wife threatening if she don't sign she will be arrested.
I believe this was a conspiracy plotted by my enemies against whom I have lodged complaints in BEST and Municipality for illegal building and electricity
I was called by my wife when I was in Ratnagiri and I also spoke to the vigilance team that I do not know about the situation as the meter cabin is 10 meters away from house and cannot be seen if anybody tampers the same. I am on my way to Mumbai and will be in your office immediately for the resolution. They promised not to worry as this is just a common problem and can be taken care of.
When I was in train coming to Mumbai, the Vigilance people started demanding 1.5 lacs in cash or they will take my wife to jail and take the meter away. Again my wife called in Panic state and was crying of getting arrested, she was mentally tortured which has put my baby's life in stake.
As soon as I landed at 2200 hrs at home, I found there is no electricity and the meter is taken away putting my house in dark. And within 3 minutes two policeman came and arrested me and took be to Police Station. The BEST people came after a while, again I told them I am giving you a cheque as I do not have cash now. I will visit to your office and clear the matter. But they did not listen to me and said now the matter is in Police Hands.
My fingerprints and photos from different angle has been taken by the Police. I was very much depressed by this act of Police as they were treating me as a murderer or terrorist. Moreover next day at 1500 hrs. they took me to J.J. Hospital for medical checkup where the doctor just looked at me and signed the medical certificate. After that I was taken to Remand Court even though my lawyer called the Police Station that this case goes to Session court. The Sub-Inspector told my lawyer we know our duties and the most horrible thing they did was, a team of 4 policemen handcuffed me and took me to the Criminal Court defaming my character. The judge of the Criminal Court told the police that she cannot give any verdict on my case as it is under jurisdiction of Session Court. Now the time was 1640 hrs. and the day was Friday. I had to pay 9000 rupees for arranging special transport to session court else I would have to stay in custody for 2 more days. I was bailed out by paying Cash deposit of Rs. 30,000/-.
I was never given a copy of FIR nor the copy of verdict from the judge of session court.
Due to this arrest I went into depression and could not provide service to my client and they stopped my payment of 2 lacs.
How ever my average monthly ( 12 months average) consumption is 70 - 80 units which is Rs. 356/- and I was fined for Rs. 1,32,557 for the loss of 8243 Kwatts which is completely false.
Later I paid 50,000/- to BEST and got my electricity re-connected and the case is still in court
Please let me know, how can I be arrested when I was not there at the time of Crime and also how to fight this case as the hearing is on 19th May 2014
P. Venu
(Expert) 14 May 2014
First of all, we need to know the charges alleged against you. Pl. obtain copy of the FIR and related documents.
Sankaranarayanan
(Expert) 14 May 2014
What problem to get FIR. What business you are doing. Is the electricity reading was taken regularly. First furnish all details. Then we can able to put our opinion
Rajendra K Goyal
(Expert) 14 May 2014
Full case file and documents have to be seen, please contact a local lawyer and show him all the papers.
T. Kalaiselvan, Advocate
(Expert) 14 May 2014
You have stated that you have already engaged a lawyer, what is his opinion on the subject issue?, What were charges leveled against you and under what section of law? What is the status of the case? Theft of electricity comes under sessions offence.
Raj Kumar Makkad
(Expert) 14 May 2014
The questions raised by expert Kaliselvan are worth mentioning and require your reply prior to satisfaction of you query.
Sudhir Kumar, Advocate
(Expert) 17 June 2014
agreeing with Mr Kalaiselvan I will add
it is not such a simple case.
The fine is not charged on the electricity one consumes and pays . It is charged on the electricity suspected to be consumed and not paid.
It is a normal practice national wide that electricity deptt given opportunity to spot payment of dues and without this opportunity they neither disconnect meter nor do they file FIR. when fine is not paid they have no option but to do so. nothing new in your case.
Living in Mumbai you got bail without depositing single penny of demanded amount. In Delhi none gives bail unless 50% of the demanded dues are deposited.
if you bill is so low then how do you manage household. There is something wrong in meter. Action of BEST does not appear to be fully wrong at least as per given facts.
You are not disclosing contents of FIR in any of your thread on the subject.
Sudhir Kumar, Advocate
(Expert) 17 June 2014
You are not disclosing contents of FIR in any of your thread on the subject.
Your own lawyer is privy to the facts of the case what does he say.
Sudhir Kumar, Advocate
(Expert) 19 June 2014
another thread
http://www.lawyersclubindia.com/experts/BEST-electricity-theft-case-478356.asp
