Change in Tariff Category Not Enough to Prove Unauthorized Electricity Use : Bombay HC

The Bombay High Court has ruled that a mere change in tariff classification by the electricity board doesn't amount to unauthorised use under Section 126 of the Electricity Act, 2003.

The Court ruled that unless there is proof of dishonest abstraction, diversion, or tampering, a higher tariff classification alone doesn't amount to unauthorised use.

The High Court held that the change in activity from manufacturing of mattresses to Aqua Purified Water Cans does not change the use of electricity, and cannot be termed as unauthorised use of electricity.

The judgment ensures that penalties cannot be levied arbitrarily and safeguards consumers against misclassification without evidence of misuse.

(Maharashtra State Electricity Distribution Co. Ltd. & Anr. v. Azhar Ahmed Qaisar)