New Delhi, March 2, 2006

Press Release

Special Court sets aside a Consumer Forum directive,

Orders power thief to pay 100 percent penalty;

Anticipatory bail of another accused Sapan Banerjee rejected

(1) BSES’s efforts to minimize the menace of power theft in its licensed area received a big fillip recently (27 February 2006) when a Special Court over-ruled a Consumer Forum directive and ordered a power thief – whose anticipatory bail application was earlier rejected by the Special Court – to pay 100 percent penalty.

The Special Court ordered Bhagawan Mittal – a resident of 27/44, Ground Floor, Gali No 7, Vishwas Nagar, Shahdara, to deposit 100 percent of the penalty imposed on him by BSES following his being caught red-handed indulging in direct theft of electricity. Mittal’s advocate then sought seven days time to deposit the amount.

“Mittal was booked for direct theft of electricity. He moved the Special Court seeking anticipatory bail, in vain. He then paid up Rs 1,65, 600/- (70 % of the penalty) to BSES and simultaneously moved the Consumer Forum at Saini Enclave – which directed BSES to refund the amount. BSES then moved the Special Court and appealed for the annulment of the Consumer Forum directive as it was beyond its jurisdiction. The Special Court upheld BSES’s contention and ordered Mittal to pay the balance 30 per cent of the penalty,” said a BSES spokesperson, narrating the sequence of events of the case.

The spokesperson further stated that BYPL’s Enforcement Team had apprehended the accused, Mittal, for indulging in direct theft of electricity worth 11 KW. A supplementary bill of Rs 2.36 lakh was levied against him, which he failed to deposit. Subsequently, a complaint was lodged against the accused at the Farsh Nagar Police station. After investigating the matter, the Police lodged a FIR (No 38/06).

(2) Non-bailable warrant issued against Sapan Banerjee – famous for the “93 room – power theft case”

A Special Court has issued a non-bailable warrant against Sapan Banerjee – a resident of C – 19 and 20 Kali Bari Temple Road, New Ashok Nagar -  who was caught twice by BYPL Enforcement Teams for stealing power to run a 93 room Residential complex in New Ashok Nagar. The accused had been asked to appear before Special Court on February 27, 2006 – something which he failed to do so. Next date of hearing has been fixed for 21.03.2006.

Earlier BSES Enforcement Teams had slapped a penalty of Rs 12 lakh on the accused for stealing electricity worth 40 KW. He was also found charging a flat rate of Rs 4 per unit from his tenants – which is much more than the applicable prevailing rates. Thereafter Sapan Banerjee was doing the rounds of many media houses – proclaiming that he has wrongly booked for power theft by BSES.

According to Mr Arun Kanchan, CEO. BYPL “The court order has vindicated our stand – we had built a fool proof case against the accused. I hope this case, serves as deterrent to others”.

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