Date of Filing : 26.06.2012
Date of Disposal: 13.03.2013
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANANTAPUR.
PRESENT: - Sri S.Niranjan Babu, B.A., B.L., President (FAC)
Sri M.Sreelatha, B.A.,B.L., Lady Member
Wednesday, the 13th day of March, 2013
C.C.No.30/2012
Between:
K.Sunanda Kumar,
S/o Late K.Obulesu,
D.No.6-3-973, Maruthi Nagar,
Anantapur. … Complainant
Vs.
1. The Assistant Divisional Engineer,
Operation, APCPDCL, Anantapur-II
2. The Assistant Divisional Engineer,
Vigilance(SD-II), DPE,
Anantapur.
3. The Superintendent of Engineer,
APCPDCL, Engineering College Road,
Anantapur. … Opposite Parties
This case coming on this day for final hearing before us in the presence of Sri H.Nageswara Rao, Advocate for the complainant and Sri N.Ravikumar Reddy, Advocate for the Opposite Parties 1 to 3 and after perusing the material papers on record and after hearing the arguments of both sides, the Forum delivered the following:
O R D E R
Sri S.Niranjan Babu, (President(FAC): - This complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the opposite parties 1 to 3 claiming a sum of Rs.24,200/- collected by the and also to pay a sum of Rs.25,000/- towards damages and award costs of Rs.2,000/- towards litigation expenses.
2. The brief facts of complaint are that: - The complainant is a permanent resident of D.No.6-3-973, Maruthi Nagar, Anantapur and the complainant is residing in the said address since five years as a tenant of Saraswathamma who is owner of the house. The complainant purchased a second hand L.G. Air Conditioner and its capacity is 1.5 tone from National High Way Authority for a sum of Rs.15,000/- in the month of June,2011 and the same was installed in the complainant’s house. Subsequently on 22.05.2012 Assistant Divisional Engineer Vigilance C.R.Balasimha Rao inspected the house of the complainant at about 10.30 A.M. and found that the disc in the meter not rotating even when the lights and fans were put on. After careful observation it was found that the complainant created a gap and inserted X-ray film through the glass and meter body to obstruct the rotation of the meter disc. After removing the X-ray film the disc in the meter started rotating in the forward direction and immediately the 2nd opposite party booked a case under theft of energy under electricity Act 2003 and the service connection No.0003010902 was disconnected on the same day and the 2nd opposite party assessed the electric charges due to the opposite parties as provisionally at Rs.27,328/-.
3. Further the complainant submits that at the time of inspecting the complainant’s house by the 2nd opposite party the complainant was not in the house and the complainant’s wife was attending to her domestic work in the kitchen some of the officials asked her water and she went to kitchen for getting drinking water and in the absence of her the 2nd opposite party and his officials found the defect in the meter reading and they picked up the X-ray film from the disc is all are false and created for statistical purpose only. The 2nd opposite party booked the case under theft of electricity against the complainant and no individual witness was present at the time of inspection. Subsequently after disconnection the complainant approached the 2nd opposite party in the office and asked the officials who has given complaint about the theft of energy in his residence for which they replied that no body has given any complaint and they voluntarily inspected the complainant’s house and found that there was theft of energy and they issued a provisional assessment notice for theft of electricity on 25.05.2012 and asked the complainant to pay 50% of electricity due charges(provisionally assessed amount of Rs.27,328/-). Immediately the complainant paid an amount of Rs.20,200/- under receipt No.40145 to the service connection No.10902 after paying the said amount the 2nd opposite party reconnected the power supply to the complainant’s house. After inspection the 2nd opposite party booked a criminal case against the complainant for theft of energy and gave an opportunity to the complainant for closer of the criminal case if he pays a compounding fee of Rs.4000/- as it was the first offence as per electricity Act. Then the complainant paid the penal charges of Rs.4,000/- to the 2nd opposite party.
4. The complainant submits that the electricity bill of the complainant never crossed Rs.500/- per month since the date prior to installation of Air Conditioner i.e., 16.04.2011 to June 2012 the complainant filed Xerox copes of the same and the complainant is regularly paying the electricity bill and there is no need for him to make theft of energy. The complainant further submits that the 2nd opposite party cannot prosecute the complainant under theft of electricity and they are not suppose to judge the criminal case and asked the complainant to pay Rs.4000/- for committing the first offence as per section 154 of Indian Electricity Act. Hence they have committed deficiency of service for which they are liable.
5. Counter filed by the 1st opposite party stating that all the allegations made in the petition are invented for the purpose of this case. Further this Forum has no jurisdiction to entertain this petition as there is no deficiency of service on the part of the opposite parties 1 to 3. The 2nd opposite party filed this case only for theft of energy by the complainant admittedly. The complainant himself admitting in the petition that the service of the petitioner was inspected and booked a theft case and the complainant paid the compounding fee. Hence it is very clear that it is a case of energy theft which does not fail under the jurisdiction of consumer Forum.
6. The opposite parties 2 & 3 filed a memo adopting the counter filed on behalf of the 1st opposite party.
7. Basing on the above pleadings, the following points that arise for consideration are:-
- Whether there is any deficiency of service on the part of the opposite parties 1 to 3?
ii) To what relief?
8. In order to prove the case of the complainant, the complainant has filed his evidence on affidavit and marked Exs.A1 to A4 documents. On behalf of the 1st opposite party, the 1st opposite party filed evidence on affidavit and no documents are marked on behalf of the 1st opposite party.
9. Heard both sides
10. POINT NO 1:- It is an admitted fact that the complainant has paid a sum of Rs.20,200/- under receipt No.40145 for the service connection No. 0003010902 which was provisionally assessed by the 2nd opposite party for theft of energy and the 2nd opposite party asked the complainant to pay 50% of electricity due charges which was provisionally assesses for a sum of Rs. 27,328/- on 22.05.2012 after inspecting the complainant’s house.
11. The counsel for the complainant argued that the 2nd opposite party inspected the complainant’s house on 22.05.2012 and at that time the complainant was not present in the house and his wife was attending to her domestic work in the kitchen some of the officials asked water and when she went into the kitchen for getting drinking water in her absence the 2nd opposite party officials found the defect in the meter reading and they picked the x-ray film from the meter is all false and created for statistical purpose and booked the case under theft of electricity against the complainant. There is no individual witness at the time of inspection. Immediately they have disconnected power to the said service. Though the complainant immediately approached the 2nd opposite party office and asked the officials that who have given complaint about the theft of energy in his residence for which they replied nobody has given any complaint and they voluntarily inspected the complainant’s house and found theft of energy and they issued a provisional assessment notice dt.25.05.2012 for theft of energy. Further the complainant was asked to pay 50% of electricity due charges for reconnection to the house service connection No. 0003010902. Then the complainant paid an amount of Rs.20,200/- under receipt No.40145. After payment the 2nd opposite party gave reconnection to the complainant’s house.
12. Further the complainant submits that after inspection of the complainant’s house the 2nd opposite party booked a criminal case for theft of energy and gave an opportunity to the complainant for closer of the criminal case if the complainant pays a sum of Rs.4,000/- as compounding fee. Then the complainant paid a sum of Rs.4,000/- to the 2nd opposite party.
13. The above act of the complainant paying Rs.4000/- as compounding fee to the 2nd opposite party for closing the criminal case which was booked against him for theft of energy as first offence as per electricity act as per section 154 shows that he has committed theft of energy. Hence, the complainant himself lost an opportunity to prove that he has not committed any theft of energy. Under the above said circumstances the complainant cannot claim deficiency of service against the opposite parties and claim to repay the amount paid by the complainant which was provisionally assessed by the 2nd opposite party and the penal fee of Rs.4000/- paid by the complainant. In the above circumstances we are of the view that the opposite parties have not committed any deficiency of service to the complainant and they are not liable to pay any compensation.
14. In the result the complaint is dismissed without costs.
Dictated to the Steno, transcribed by him, corrected and pronounced by us in open Forum, this the 13th day of March, 2013.
Sd/- Sd/-
LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
ON BEHALF OF THE COMPLAINANT:
NIL
ON BEHALF OF THE OPPOISITE PARTIES
-NIL-
EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT
Ex.A1 Photo Notice dt.25.05.2012 issued by the 1st opposite party to
Sarawatamma.
Ex.A2 Photo copy of receipt No.40145 Rs.20,200/- Assistant accounts Officer,
APCPDECL, Anantapur.
Ex.A3 Original penalty receipt dt.26.05.2012 for Rs.40000/- issued by the
2nd opposite party.
Ex.A4 Xerox copies electricity bills paid by the complainant from 16.04.2011
to June 2012.
EXHIBITS MARKED ON BEHALF OF THE OPPOSITE PARTIES 1 to 3
NIL
Sd/- Sd/-
LADY MEMBER PRESIDENT (FAC)
DISTRICT CONSUMER FORUM DISTRICT CONSUMER FORUM
ANANTAPUR ANANTAPUR
