CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110 016
Case No.09/2009
SH. PANNA LAL PANDEY,
64 PUL PRAHALADPUR,
NEAR MASJID,
NEW DELHI-110044
…………. COMPLAINANT
VS.
- BSES – RAJDHANI POWER LTD.,
B.S.E.S. BHAWAN,
NEHRU PLACE,
NEW DELHI-110019
- BSES CORPORATE LEGAL &
ENFORCEMENT DEPARTMENT,
ANDREWS GANJ, NEW DELHI
…………..RESPONDENTS
Date of Order: 01.03.2016
O R D E R
A.S. Yadav – President
The case of the complaint is that on 31.03.1998 he deposited a sum of Rs.2,340/- vide receipt No.335529 to avail the facility of electricity on “As Is Where Is Basis” policy and he paid electricity bills from time to time. However, when the divisional office of Keshav Puram was shifted to Pul Prahlad Pur, the electricity bills stopped coming. Nevertheless on 15.10.2008 through someone he was able to collect the electricity bill and deposited Rs.4,680/-. OP started providing the meters near Mittal Chowk and Surajkund Road. Complainant approached the concerned office of OP for fixing of his meter also and they inquired as to how he has been using the electricity. Complainant informed that he is using the electricity on “as is where is basis”. The officials of OP told complainant to continue to use the electricity through the same connection and the electricity meter will be provided to him on his turn. Even thereafter electricity meter was not provided.
It is further stated that in the month of September 2008 some officials of OP came and removed the cable feeding supply to the area as a result of this large number of people gathered and argued with the concerned staff and the cable was subsequently restored and the residents of the area were asked to get their meter fixed by completing formalities within 15 days. On 29.09.2008 complainant went to divisional office of OP and submitted papers for grant of connection through a meter and he was virtually informed that meter would be installed within a week’s time. However needful was not done. In the meantime staff of enforcement department inspected the area and conducted raids at few premises and at his premises a load of 6.85 KV was found connected and he was asked to deposit a sum of Rs.53,000/- against which he filed a case before Consumer Grievance Redressal Forum, Pushap Vihar however his complaint was dismissed without hearing him. Complaint has prayed for justice.
OP in its report took the plea that this Forum has no jurisdiction to entertain the present complaint. As on 13.10.2008 Enforcement Department of OP inspected the premises of complainant and found that he was committing direct theft of electricity from LT mains and was using a load of 6.85 KW(DX). Accordingly complainant was booked for committing theft of electricity and a bill of Rs.67,277/- was raised. It is prayed that complaint be dismissed.
We have heard Ld. Counsel for the parties.
In fact complainant has wrongly stated that on 15.10.2008 he collected a bill from the office of OP and deposited Rs.4,680/-. It is clear from this bill itself that the electricity was already disconnected and the last payment was received on 17.08.2004. Thereafter complainant has not paid any bill. OP in the reply stated that the electricity was disconnected due non-payment of the bill and it is evident from the record that the complainant has not paid the electricity bill and the electricity was disconnected and he was committing theft.
It is settled law that this Forum has no jurisdiction to entertain the present complaint in view of the law laid down by the Hon’ble Supreme Court in case of U.P. Power Corporation Ltd. & Ors. Vs Anis Ahmed, 111(2013) CPJ 1(SC) where it was held by the Hon’ble Supreme Court that person who is found indulging in theft of electricity is not a consumer within the meaning of Consumer Protection Act.
Keeping in view the above facts, the complaint is dismissed.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(D.R. TAMTA) (A.S. YADAV)
MEMBER PRESIDENT
