Electricity act, 2003

Querist : Anonymous (Querist) 13 July 2017 This query is : Resolved
A consumer, having contact demand of 499 KVA (admittedly such High Tension Over Head line was disconnected in September, 2016), allegedly committed theft of electricity in November, 2016 and the inspecting team of WBSEDCL, without police force, found 10.4 KW load was consumed by the consumer through PVC wire (2x150 ft) from a nearby Low Tension Over Head Line having maximum capacity to provide 63 KVA load and such PVC wire along with hooking device has been seized. On the date of inspection i.e. November, 2016 TOD meter room of WBSEDCL in the consumer's premises was under proper seal, done by WBSEDCL at the time of disconnection in September, 2016.
Proceeding u/s 135 initiated, accused got bail.
Assessing Officer u/s 126 has considered 499 KVA for final assessment u/s 126(3) and Appellate Authority u/s 127 has affirmed such assessment.
Regulation 5.1 of West Bengal Electricity Supply Code Regulation, 2003 provides for assessment u/s 126 of the Electricity Act, 2003 and provides "load found at the time of inspection or contact demand whichever is higher" is to be taken into account for such assessment.
Now question is whether in the present facts and circumstances applicability and / or validity of Regulation 5.1 can be challenged, as WBSEDCL has no capacity to provide 499 KVA supply through 63 KVA transformer.
Requires expert opinion along with supported judgement, if any.

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