ORDER

PARAMJIT SINGH (PRESIDENT)

Brief facts of the complaint are that complainant is having electricity connection bearing A/C No. X22JA190648Y ubstalled at his residence situated at Village Bhandal Bet, Tehsil and District Kapurthala an is paying the electricity bills thereof. To the utmost surprise opposite parties slapped impunged bill dated 25/8/2009 in which sum of Rs.41263/- were shown under the column of sundry charges to be recovered from te complainant on account of allege charge of theft of electricity which is gross negligence, deficiency in service and unfair trade practice on the part of opposite parties as the said amount has

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been wrongly charged by the opposite parties and no checking was ever conducted nor any separate notice was ever issued to the complainant but the opposite parties have violated their own rules and regulations and have sent false notice.

2. Notice of the complaint was sent to the opposite parties who appeared through counsel and filed written statement.

3. In support of his version complainant has produced in evidence affidavit and documents Ex.C1 to C7.

6. On the other hand opposite parties produced in evidence documents Ex.R1 to R14.

7. We have heard arguments of learned counsel for the parties and perused ocular as well as documentary evidence on the record. Counsel for the complainant has argued that complainant is having electricity connection bearing A/C No. X22JA190648Y installed at his residence situated at Village Bhandal Bet, Tehsil and District Kapurthala an is paying the electricity bills thereof. To be utmost surprise opposite parties slapped impunged bill dated 25/8/2009 in which sum of Rs.41263/- were shown under the column of sundry charges to be recovered from the complainant on account of allege charge of theft of electricity which is gross negligence, deficiency in service and unfair trade practice on the part of opposite parties as the said amount has been wrongly charged by the opposite parties and no checking was ever conducted nor any separate notice was ever issued to the complainant but the opposite parties have violated their own rules and regulations and have sent false notice.

On the other hand counsel for the opposite parties has counter argued tat entire proceedings were conducted about checking of the electric connection of the complainant and detection of theft of energy was carried out in the presence of the complainant. The

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connection was checked by Senior Executive Engineer Enforcement alongwith AAE of the enforcement PSEB, Kapurthala on 15/10/2008 in te presence of the complainant and found that complainant was committing theft of energy by way of joining wire from naked joint of PVC and after joining it with main line, the main switch was switched off and meter was stand still, so in this way by way of bye passing the meter, complainant was committing theft of energy. It was further argued that copy of checking report was received by the complainant but he refused to sign te same. Thereafter complainant was asked to deposit Rs.41263/- on account of theft of energy committed by the complainant vide memo No.1324 dated 21/11/2008 followed by subsequent registered notice vide memo NO.154 dated 20/2/09, memo No.291 dated 24/3/09 and when the complainant did not respond to the notice and failed to deposit the amount, the same was rightly added in the bill dated 25/8/09. As such there is no negligence deficiency in service and unfair trade practice on the part of opposite parties.

8. We have considered rival contentions of counsel for the parties. It is not disputed that complainant is consumer of electricity connection bearing A/C No. X22JA190648Y installed at his residence under D.S. category. Admittedly team comprising of Senior Executive Engineer alongwith AAE Enforcement checked the connection of the complainant on 15/10/08 and vide checking report Ex.R1 it is alleged by the checking staff that complainant was found committing theft of energy by way of joining wire from naked joint of PVC and after joining it with main line, the main switch was switched off and meter was stand still, so in this way by way of bye passing the meter, complainant was committing theft of energy.. The team also recorded other particulars of meter and meter reading at that time was 10901 and also noticed particulars of the position of the seal . They noted their observations in

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their enforcement checking register at 11/210 dated 15/10/08. The copy of checking was given to the complainant at the spot but he refused to sign the checking register. but the checking report has not been authenticated by any reasonable person of the locality to confirm its varsity and there is no evidence that the copy of the checking report has been given to the complainant. Opposite parties,however, raised demand for Rs.41263/- to the complainant vide memo No.1324 dated 21/11/2008 Ex.R2 as per the prescribed formula . The complainant neither deposited the amount nor gave any reply to the said notice, so again a registered notice vide memo No.154 dated 20/2/2009 was sent to the complainant to deposit Rs.41263/- and calculation of charges was given in the said notice also. But the complainant did not bother to respond the said notice. Then again a reminder vide memo No.291 dated 24/3/2009 was sent to the complainant through bill distributor to deposit amount but the complainant refused to sign the acknowledgment. Ultimately this amount of Rs.41263/- was debited in the bill dated 25/8/2009 under sundry charges column The opposite parties also sent separate registered notice vide memo No. 163 dated 20/2/2009 Ex.R7 to Inspector Vigilance, Shakti Sadan PSEB, Jalandhar for registration of case against the complainant. The opposite parties had not produced corroborative evidence i.e. allegedly wire used, if any to substantiate the charge of theft of electricity against the complainant.

9. Further as per clause 36 of the Electricity Supply Code and Related Matters Regulation 2007, the following procedure in an unauthorized use of electricity is required to be followed as under:-

d)"The inspection report will be signed by the

assessing officer and a copy handed over to the

person/consumer or his/her representative

present at the site. In case of refusal to accept

the report, a copy of inspection report will

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be pasted at a conspicuous place in/outside

the premises and other sent under registered

post".

10. But in the instant case, no copy of the inspection report was pasted nor the same was sent to the complainant through registered post. Even, no personal opportunity of hearing was afforded to supply the assessment order to the complainant. Under these circumstances, the checking report in its shape is against the Rules and Regulation of the opposite parties Department and it, therefore, cannot be relied upon.

Reliance has been placed upon a case reported as Punjab State Electricity Board, Faridkot Versus Sarwan Singh 2008 (1) CLT page 237 wherein it is mentioned as:-

(ii) Consumer Protection Act, 1986,

Section 2(1)(g)- Electricity bill- Electricity

theft- The checking report indicates that

it does not include the signatures of either

the complainant or his representative -

The report has also not been authenticated

by any respectable person of the locality to

confirm its veracity - There is no evidence

of a copy of this report having been given

to the Complainant -The checking report

in its present shape is against the rules

and regulations of the OP Department-

it, therefore, cannot be relied upon."

In the ultimately analysis of our aforesaid discussion, we allow the complaint and quash the impunged bill dated 25.8..2009 to the extent of Rs.41263/- under the column of sundry charges Ex.C3 . We direct the opposite parties to refund Rs. 21000/- already deposited by the complainant in terms of stay order of this Forum dated 30/10/09

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with the further directions to pay damages Rs.2000/- on account of the physical harassment, mental agony account of the deficiency in service besides Rs.1000/- as costs of this complaint. The opposite parties are directed to comply with the above direction within one month from the receipt of copy of this order.

Copy of the order be sent to the parties free of costs through registered post without any delay. File be consigned to the record room.

Dated: Shashi Narang Gulshan Prashar Paramjit Singh

21.1.2010 Member Member President