(As per A.A.Jain, HON´BLE Member)
Complainant filed this complaint against Opposite.Parties for seeking various reliefs as per prayer clause :-
1. Complainant’s case in short is that the complainant is a domestic consumer of O.P.bearing consumer No.430220500114 at Gangajhari village of Gondia district. The complainant was paying electric bills regularly. All of sudden the Opposite Parties started billing of the complainant at commercial rates in spite of the fact that all the energy is being used for residential purpose. Though the wife of the complainant has started to sale biscuits and confectionary to the children by using table under the sky in the courtyard of his house for the livelihood by engaging herself in self-employment. But from the month of june 2006 the O.P. started billing at commercial rates.
The complainant further submitted that though in the court yard of the house under the sky some “Goli-Piparment” shop is there, where there is not a single use of electricity and whole electricity is being used in residential house only for domestic purpose.
2. The complainant complaint the same to O.P.No.1 on 14/11/2006 but of no use. All of sudden the O.P.No.1 visited the house of the complainant and inspected the meter which was duly registering the consumption of energy. However nothing was found objectionable in spite of that with revengeful motive the O.P. alleged the theft of energy against the complainant which is false and bogus.
3. That O.P.s without enquiry about the fact issued a demand bill of Rs.1546/- towards theft to the complainant on date 13/06/2007 and thereatening to pay theft assessment charges with arrears unless the O.P.s will disconnect the supply of electricity. When O.P.s has no power to inspect the premises complainant prayed to direct the O.P.s for not disconnect his electric supply and quash the demand bill dated 13/06/2007 of alleged theft and direction to O.P.s for paying Rs.5000/- towards harassment with Rs.2000/- towards the cost of the complaint.(Ex.1)
4. In response to notice U/S 13 of Consumer Protection Act., 1986 the O.P.appeared and filed his reply. (Ex.11)
5. The O.P.denied all allegation being incorrect and false. O.P.submitted that the complainant is running a big shop of house hold articles including groceries etc. and using electric energy obtained for domestic purpose. So bill was issued at commercial rates. There was a vast difference of energy rate per unit for commercial purpose and domestic purpose. The O.P. denied that it is false that the wife of the complainant is running a small shop under open Sky and selling confectionary to the children by way of self employment. The O.P. submitted the photograph of the shop of the complainant and further submitted that the wife of the complainant is running a small shop of shoes in front of complainant’s shop on another side of the road and she is also in heavy arrears of energy charges.
6. The O.P.No.1 visited the premises of the complainant on 7/6/2007 and detected theft of energy. The theft case has already been registered against the complainant and there was no any revengeful attitude as alleged. The O.P. further submitted that there was arrears of Rs.5559/- against the complainant . The O.P. also send a letter to complainant on 7-8-2007 that the complainant has liberty to obtain fresh connection for domestic purpose by clearing off the pending arrears of previous connection as it was used and billed for commercial purpose.
7. The O.P.prayed that the complaint is false and is not entitled to any of the relieves claimed and the O.P.prayed to dismiss the complaint with cost of Rs.2000/-.
8. On verifying all the records and hearing arguments of both the sides the only point arise for our determination that whether the complainant is entitled for any relief as soughted in the prayer clause and our finding is “Negative” due to following reasons,
REASONS
9. The O.P. has alleged that the complainant has been using electricity for his big shop for commercial purpose. In support of his allegation the O.P.has submitted 2 photographs of the shop of the complainant, In the photograph it clearly shows that the two story R.C.C. made building in which the ground floor of the building is being used for shop. In this shop 4-5 boards of Eveready torch and cell and mobile items was clearly shown. There was confectionary items, big stock of Gutka Pouches and other daily need articles and a balance for weight was also seen. It was also seen that the shop also contained a board of S.T.D. , I.S.D. & P.C.O. and it was clearly written on this board that S.T.D. and Telephone calls can be done here by Government rates. Thus it clearly shows that the electricity utilized in this shop was used for commercial purpose.
10.The complainant submitted that he was regular payer of electric bills. After verification of record it was found that the complainant has paid last bill on 28-10-2005 and after this bill he has not paid any amount to the M.S.E.D.C.LTD. Thus the complaint was not regular in payment of his energy charges. It is thus apparent that the complainant has made false statement in the complaint which has been solemnly affirmed. On this count the complaint is liable to be dismissed.
11.The Junior Engineer (O.P.No.1) of Gangajhari area has reported the theft matter to the O.o.No.2 . The O.P.No.1 has submitted his report that on 7th June 2007 total 23 persons were found in theft of electric energy directly from pole by hooking the live wire. The list of 23 persons includes the name of complainant in serial No.9 . It was submitted by O.P.s that by hooking , the complainant has done theft of electric energy of 0.47 K.V. and he has rightly done the theft assessment of Rs.1550/-.
12.It is clear from the documents and pleading that the complainant has not filed this complaint with clean hands before this forum as he has used the energy of O.P.by hooking and made false statements in the complaint as mentioned in the preceding paras.
Hence we proceed to pass following order :-
ORDER
1. The complaint stands dismissed.
2. As per the circumstances of the case there shall be no order as to cost.
