Haryana

Fatehabad

CC/304/2021

Rohit - Complainant(s)

Versus

DHBVN - Opp.Party(s)

Rama Nand

07 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,FATEHABAD.

 

                                                           Complaint No.:304 of 2021.

                                                           Date of Instt.: 26.11.2021.

                                                           Date of Decision: 07.05.2024.

 

Rohit son of Rajender resident of Fatehabad Tehsil & District Fatehabad.

 

                                                                             …Complainant.

                             Versus

 

1. Dakshin Haryana Bijli Vitran Nigam, through its Executive Engineer, Operation Division DHBVN, Fatehabad Tehsil & District Fatehabad.
2. SDO Operation DHBVN City Fatehabad District Fatehabad.

 

                                                                             …Opposite parties.

 

             Complaint U/s 12 of the Consumer Protection Act, 1986

 

 

BEFORE:             Sh.Rajbir Singh, President.

                             Smt. Harisha Mehta, Presiding Member.

                             Dr.K.S.Nirania, Member

 

Argued by:            Sh.Rama Nand, Adv. for the complainant.

                             Sh.P.K.Zora, Adv. for the Ops.

 

ORDER:

Sh.RAJBIR SINGH, PRESIDENT

                            

1.                          The complainant has filed this complaint against the    OPs with the averments that the complainant has taken a godown on rent for keeping the articles therein on the eye of Deepawali but the Ops have issued a notice on the wrong facts in the name of complainant and one Pushpa Devi against domestic electric connection No.713574689; that the Ops have also obtained the signatures of the complainant on the LL1 Book No.6047 despite the fact that the complainant has never been indulged in the theft of energy; that thereafter the Op shad issued notice No.2823 dated 28.10.2021 for a sum of Rs.62714/- which is wrong, illegal and liable to be set aside; that the complainant kept on requesting the Ops to treat the said notice as null and void but instead of doing so the Ops have got lodged a case of theft of electricity  keeping in view the Section 135 of Act. The act and conduct of the Ops clearly amounts to deficiency in service on their part. Hence, this complaint.

2.                          The OPs appeared and filed their joint reply contesting the complaint of the complainant on various grounds. It has been further submitted that the complainant has not come with clean hands and the present compliant is even not maintainable because the electricity meter No.H41-720-178 and electricity account No.0713574689 was checked on 28.10.2021 in the presence of complainant, user of the said connection, by the vigilance team of Ops; that the said connection was being used for NDS purpose and at the time of checking the connected load of the premises was found as 7.227 KW and regarding this LL-1/checking report No.29/6047 dated 28.10.2021 was prepared and the same was duly signed by the complainant after admitting the facts mentioned herein; that thereafter penalty of Rs.62714/- was imposed upon the complainant vide sundry item No.144/156 dated 28.10.2021 followed by notice/memo No.2823 dated 28.10.2021 for depositing the amount as well as for removing the Non domestic supply. Preliminary objections such as maintainability, cause of action, estoppal and jurisdiction. etc. were also raised. Other pleas made in the complaint by the complainant have been controverted and prayer for dismissal of the complaint has been made.

3                           No evidence on behalf of the complainant was led and the same was closed by order of this Commission on 03.08.2023 whereas the Ops have tendered affidavit Ex.RW1/A and documents Annexure R4 to Annexure R7.

4.                          Heard. We have examined the pleadings and documents of the parties very carefully.

5.                          The Ops have placed on record copy of checking report Annexure R1 wherein it has been clearly mentioned that during checking the supply of electricity was being used for Non-Domestic Purposes and not for domestic supply and the connected load at that time was found as 7.227 KW and this report is duly signed by the complainant after receiving the copy thereof.  On the basis of this checking report, penalty of Rs.62614/- imposed upon Smt.Pushpa Rani (who was the actual consumer of the said connection) but the time of checking the space was being used by the complainant as he had taken the same on rent from the actual consumer.   Vide notice No.2823 (Annexure R3) said Pushpa Rani was directed to deposit the penalty amount of Rs.62714/- for avoiding the legal action to be taken by it as per the checking report.  So, the above-said facts indicate that the complainant has been indulged in offence of theft of energy/unauthorized use(N.D.S) under Section 135 of Electricity Act.  Hence, it is crystal clear that the said case is of theft of energy/unauthorized use (N.D.S.).  Keeping in view the judgment dated 01.07.2013 passed by Hon’ble Supreme Court in case titled as U.P. Power Corporation Ltd. & Others Vs. Anis Ahmad, 2013(3) CLT page 226 (Supreme Court), wherein it has been held as under:

(d)     Theft of energy-Person using the energy unauthorizedly- Not a consumer under the Consumer Protection Act.

Hence, in view of said authority, we are of the considered view that the complainant is not consumer of the Ops under the Consumer Protection Act.       

6.                          On the basis of above mentioned discussion, we are of the considered opinion that there was no deficiency in service at all or any unfair trade practice, on the part of any of the Ops, as alleged, so as to make any of them liable to any extent in this matter. Hence, the complaint is dismissed in view of the facts and circumstances stated above.  All the parties are left to bear their own costs. A copy of this order be supplied to both the parties free of cost as per rules.  This order be uploaded, forthwith, on the website of this Commission as per rules for the perusal of the parties. File be consigned to record room, as per rules, after due compliance.

Announced in open Commission.                                                            Dated: 07.05.2024

 

                                                                                                        

          (K.S.Nirania)                    (Harisha Mehta)         (Rajbir Singh)                        

                Member                               Member                              President