DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC.No.228 of 08.09.2009<br /> Decided on: 01.12.2009<br /> <br /> Gurcharan Singh, aged about 45 S/o Sh. Ranga Singh S/o Sh. Jawahar Singh, resident of Basti No.3, Bir Talab, Bathinda.<br /> …….Complainant.<br /> <br /> 1. Punjab State Electricity Board, The Mall, Patiala, through its Secretary.<br /> 2. S.E. Distribution, Punjab State Electricity Board, Bathinda.<br /> 3. S.D.O./AEE, Punjab State Electricity Board, Sub Urban Sub Division, Multania Road, Bathinda.<br /> ……..Opposite parties.<br /> <br /> Complaint under Section12 of the Consumer Protection Act, 1986.<br /> <br /> Present:<br /> For the Complainant : Sh. Ashok Gupta, counsel for the complainant.<br /> For the Opposite parties: Sh. J.P.S. Brar, counsel for opposite parties.<br /> <br /> QUORUM<br /> <br /> Sh. George, President.<br /> Dr. Phulinder Preet, Member.<br /> Sh. Amarjeet Paul, Member.<br /> <br /> ORDER<br /> <br /> GEORGER, PRESIDENT:-<br /> <br /> 1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as ‘Act’) with the allegations against the opposite parties that he is having one SP connection No. B14 SP 310027 A installed in his premises, where, he is running Atta Chhaki for his livelihood by way of self-employment. Opposite party no.3 used to check the working of meter, and no complaint of any kind of defect, or wrong ever found with the meter. The meter of the complainant removed by the opposite parties on 26.12.2008, without informing anything to the complainant, and electric supply was also disconnected. He never misused the electricity nor committed any theft etc. He therefore, has sought directions against the opposite parties for restoration of his electric connection, alongwith payment of compensation of Rs. 80,000/- for mental and physical suffering of the complainant alongwith litigation expenses to the tune of Rs. 10,000/-.<br /> 2. Opposite parties contested the allegations raising legal objections that complaint is not maintainable; complainant is not a consumer; there is no deficiency in service, and complaint has been filed on false and frivolous grounds. <br /> 3. On merits also while denying all the allegations, opposite parties have pleaded that the checking was made in the premises of the complainant on 20.11.2008, by Ram Saran Dass meter inspector, in the premises in question, where the complainant was found indulging in illegal abstraction of electricity, and the said checking was made in the presence of the complainant, who is son of the consumer-Ranga Singh. The checking report was signed by Sh. Gurcharan Singh. During the checking, it was observed that, he was illegal abstraction of electricity by way of installing a device to stop the reading of the meter by the complainant. A copy of the said checking report was also delivered to the complainant, and thereafter, memo dated 03.12.2008 under Section 126 of the Electricity Act, was issued to the complainant, but it was not complied with, by the complainant.<br /> 4. Complainant in order to prove his allegations, filed his own affidavits dated 08.10.09 and 27.08.09 Ex.C-1 and Ex.C-2, and also brought on record, copies of letters dated 02.01.09, 29.01.09, 19.02.09, and 12.05.09 Ex.C-3 to Ex.C-6; photo copy of bill Ex.C-7, and copy of death certificate of Ranga Singh Ex.C-8.<br /> 5. To controvert the evidence of the complainant, opposite parties filed affidavits of Sh. Ram Saran Dass, Meter Inspector and Sh. Bant Singh, Meter Inspector dated 27.10.09 Ex.R-1 and Ex.R-2, and also brought on record, copy of letter to S.H.O. Ex.R-3; copy of checking report dated 20.11.08 Ex.R-4; copy of detail of charging Ex.R-5; copy of letter dated 26.11.08 Ex.R-6; photo copy of Notice of Provisional Order dated Ex.R-7, and affidavits of Er. Amanpreet Singh, S.D.O. and Narinder Kumar, J.E. dated 04.11.09 Ex.R-8 and Ex.R-9.<br /> 6. We have heard the learned counsel for both the parties, and perused the entire record of the case carefully.<br /> 7. Learned counsel appearing on behalf of the complainant vehemently argued that the checking was conducted as per Ex.R-4 on 20.11.08, however, first notice Ex.R-3 was sent to the complainant by opposite parties on 27.11.08, whereas per the regulations of the PSEB, the Provisional Notice is required to be issued within 48 hours of checking. The learned counsel has further urged that Provisional Notice of Assessment Ex.R-7 as per under Section 126 of Electricity Act issued on 03.12.2008 i.e. after about 12 days of checking. The learned counsel has further urged that, this notice i.e. Ex.R-7 was not due to the complainant in person, and therefore, he could not submit any objections, within a stipulated time. Opposite parties without making any Final Order of Assessment, after affording the complainant an opportunity of being heard, as per the mandate of Section 126 of Electricity Act, and regulations of PSEB, are trying to recover the amount of Rs. 1,88,161/-, merely on the basis of Provisional Order of Assessment Ex.R-7. <br /> 8. Sh. J.P.S. Brar, learned counsel appearing on behalf of opposite parties urged that opposite parties are ready to afford the complainant an opportunity of being heard, before making the order of final assessment. <br /> 9. We have considered the offer made by the learned counsel for the opposite parties. The complainant may file objections against the Provisional Order of Assessment Ex.R-7 dated 03.12.2008, within a period of 10 days, from the receipt of copy of this order, before Assessing Officer, and Assessing Officer after receiving the objections, if any, and also after affording due opportunity of being heard, in person, to the complainant shall making Final Order of Assessment. The complainant, if not satisfied with the Order of Final Assessment, shall have the right, to have recourse, to his other legal remedies, as may be advised, under the facts and circumstances of the case.<br /> 10. After going through the entire record of the case, it appears, that the complainant was not afforded any opportunity by the opposite parties, before taking the extreme action of disconnecting of his electricity connection, and therefore, it will be in the interest of Justice, that till the proceedings are not finally settled, the electricity connection of the complainant to be restored, within seven days, from the date of receipt of copy of this order. Subject the legal right of both the parties, which may be finally decided by the competent authorities. With the above observation, the complaint stands disposed of. <br /> 10. The copy of this order be sent to the parties concerned free of cost, and file be indexed and consigned.<br /> <br /> <br /> Pronounced (GEORGE)<br /> 01.12.2009 PRESIDENT<br /> <br /> <br /> (DR. PHULINDER PREET)<br /> MEMBER<br /> <br /> <br /> (AMARJEET PAUL)<br /> MEMBER<br />