DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> CC. No. 318 of 07-11-07<br /> Decided on : 22-01-08<br /> <br /> Babu Ram S/o Kata Ram aged about 50 Years, R/o Dhobiana Rbasti, Bathinda.<br /> <br /> .... Complainant<br /> Versus<br /> <br /> S.D.O. Punjab State Electricity Board, Civil Lines (Sub Division), Bathinda.<br /> <br /> ...Opposite party<br /> <br /> Complaint under Section 12 of the Consumer Protection<br /> Act, 1986.<br /> <br /> QUORUM :<br /> Sh. Lakhbir Singh, President<br /> Sh. Hira Lal Kumar, Member<br /> Dr. Phulinder Preet, Member<br /> <br /> For the Complainant : Complainant in person.<br /> For the Opposite parties : Sh. Rajneesh Rampal, Advocate.<br /> <br /> O R D E R<br /> LAKHBIR SINGH, PRESIDENT<br /> 1. Instant one is a complaint which has been preferred by the complainant seeking direction from this Forum to the opposite party for quashing memo No. 2148 dated 11.9.07 through which demand of Rs. 14,522/- has been raised from him.<br /> 2. Version of the complainant lies in the narrow compass as under :-<br /> 3. Complainant belongs to Ramdasia community and as such he is scheduled caste. Domestic Electricity Connection bearing A/c No. NS-35/205 has been installed at his premises. His sanctioned load is 0.46 K.W. He is regularly making payment of his electricity consumption bills issued from time to time. As per instructions of Punjab Government, he has been allowed facility to use free electricity. Memo No. 2148 dated 11.9.07 was issued by the opposite party raising demand of Rs. 14522/- from him. He assails this memo as illegal on the ground that since he has been allowed free consumption of electricity units notice should not have been given to him for excessive load. When the bill indicates his sanctioned load as 0.46 K.W. then how could excess load be shown in the notice. Memo is unfounded and baseless.<br /> 4. On being put to notice, opposite party filed his version taking legal objections that complaint is not maintainable in the present form; complainant has not come with clean hands as previously he had filed complaint before Permanent Lok Adalat, Bathinda regarding the same subject matter which has already been dismissed and he has withheld this fact from this Forum and he is estopped from filing the complaint by his act and conduct. On merits, he admits that complainant belongs to Ramdasia caste which falls in the category of scheduled caste. They do not deny that domestic electricity bearing A/c No. 35/205 is lying installed in the house of the complainant. Inter-alia his plea is that connection was checked by the officials of the Board on 8.8.07. It was being used by the complainant for commercial purposes. Connected load was found 3.133 KW against sanctioned load of 0.460 KW. Checking report was prepared. Complainant had refused to sign it. Note to this effect was given on the checking report itself. As per rules and regulations of the Board, scheduled caste connection holders/consumers are given concession of free electricity upto 200 units per month only for domestic use and also upto the load 1000 Watts i.e. 1 K.W. It was found during checking that complainant had given supply to a shop. He was violating terms and conditions and rules and regulations of the Board. Memo No. 2148 dated 11.9.07 was issued. They deny that it is illegal, unfounded and baseless on the grounds mentioned in the complaint.<br /> 5. In support of his averments contained in the complaint, complainant has produced in evidence his affidavit (Ex. C-1), photocopy of Scheduled Caste Certificate (Ex. C-2), photocopy of receipt (Ex. C-3), photocopies of bills (Ex. C-4 to Ex C-6), photocopy of Provisional order of assessment(Ex. C-7) and affidavit of Sh. Krishan Kumar (Ex. C-8). <br /> 6. In rebuttal, on behalf of the opposite party affidavit of Er. Rahul Kansal, Assistant Engineer (Operation) (Ex. R-1), photocopy of checking report (Ex. R-2), photocopy of Provisional order of assessment (Ex. R-3), copy of account statement (Ex. R-4), photocopy of CC No. 56/2006 (Ex. R-5) and photocopy of Award (Ex. R-6) have been tendered in evidence.<br /> 7. We have heard the complainant and learned counsel for the opposite party. Besides this, we have gone through the record.<br /> 8. Complainant argued that he belongs to Ramdasia Community and as such he is scheduled caste. His sanctioned load is 0.46 K.W. as it has been shown in the bills, copies of which are Ex. C-4 to Ex. C-6. In the bills dated 17.6.06 and 16.12.07, consumption has been recorded as 158 and 219 units respectively. Similarly in another bill dated 16.12.07, copy of which is Ex. C-4 consumption is of 291 units. He further argued that demand of Rs. 14,522/- raised by the opposite party through memo copy of which is Ex. C-7 is certainly illegal. In order to support his version, he also drew our attention to his affidavit Ex. C-1 and of Sh. Krishan Kumar Ex. C-8.<br /> 9. Mr. Rajnish Rampal, learned counsel for the opposite party argued that no doubt complainant belongs to Ramdasia community which has been declared scheduled caste and scheduled caste consumers have been allowed free electricity for domestic purposes upto 200 units per month yet they cannot use this domestic electricity connection for commercial purposes and that their sanctioned load should not exceed 1 K.W. In this case, complainant was found using electricity connection for commercial purposes and his connected load was found 3.133 K.W.<br /> 10. So far as the copy of order dated 24.10.07 (Ex. R-6) is concerned,. It does not debar the complaint from preferring this complaint. Rather he has been relegated to this Forum for seeking remedy. <br /> 11. We have considered the respective arguments and we feel ourselves inclined to agree with the learned counsel for the opposite party. Affidavits Ex. C-1 and Ex. C-8 stand amply rebutted with the affidavits of Er. Rahul Kansal. Assistant Engineer( operation) of P.S.E.B. It is evident from his affidavit Ex. R-1 that he had checked the connection of the complainant on 8.8.07. Sh. Kulwant Singh, A.J.E. was accompanying him. Complainant was found using connection for commercial purposes and his connected load was found more than the sanctioned one. Scheduled caste consumers have been given connections of free electricity upto 200 units per month only for domestic use and also upto load 1000 Watts i.e. 1 K.W. In this case, complainant was found having connected load of 3.133 KW against sanctioned load of 0.460 KW at the time of checking on 8.8.07. Further he was found using the connection for commercial purposes. Supply was given to a shop. Checking report was prepared, copy of which is Ex. R-2. Complainant refused to sign it. This is corroborated from the affidavit Ex. R-1. Ex. R-4 is the copy of the account statement according to which a sum of Rs. 14,522/- has been calculated. Complainant could not show any error in the calculation of this amount. Relevant Commercial Circular in this case is 56/2006, copy of which is Ex. R-5. According to it, consumers who are members of Scheduled Castes have been granted concession of free electricity upto 200 units per month with connected load upto 1000 Watts w.e.f. 2.10.06. In this case, load was 3.133 K.W. i.e. beyond 1000 Watts. Moreover, he was using electricity for commercial purposes as supply was given to a shop as is clear from the evidence which has been led by the complainant. This fact has also been recorded in the impugned notice as well, copy of which is Ex. C-7. It does not lie in the mouth of the complainant that when his sanctioned load is 0.460 K.W., more load than this cannot be shown in this memo particularly when connected load was found beyond the sanctioned load. Complainant cannot wriggle out of the situation merely by saying that he belongs to Scheduled Caste community especially when there is contravention of commercial circular No. 56/2007 and the rules and regulations of the Board. Hence, we find no deficiency in service on the part of the opposite party in issuing the impugned memo raising demand of Rs. 14,522/-.<br /> 12. In the premises written above, complaint merits dismissal. Accordingly, it is dismissed. Parties are left to bear their own costs.<br /> Copy of this order be sent to the parties concerned free of cost and file be consigned to record room. <br /> Pronounced :<br /> 22-01-2008 (Lakhbir Singh )<br /> President<br /> <br /> <br /> (Hira Lal Kumar)<br /> Member<br /> <br /> <br /> (Dr. Phulinder Preet)<br /> Member