Before the District Consumer Disputes Redressal Commission, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 43 of 2020
Date of Institution : 27.07.2020
Date of Decision : 04.08.2021
Bikramjit Singh aged 41 years son of Charanjit Singh resident of village Jaura Tehsil and District Tarn Taran.
…..Complainant
Versus
- Sr. X.E.N. Punjab State Power Corporation Ltd. Patti District Tarn Taran,
- S.D.O. Punjab State Power Corporation Ltd. Kairon Tehsil Patti, District Tarn Taran.
…Opposite Parties
Complaint Under Section 12 and 13 of the Consumer Protection Act, 1986 .
Quorum: Sh. Charanjit Singh, President
Sh. Jatinder Singh Pannu Member
For Complainant Sh. Rajeshwar Rai Advocate.
For Opposite Parties Sh. A.K. Sharma Advocate
ORDERS:
Charanjit Singh President
1 The complainant Bikramjit Singh has filed the present complaint by invoking the provisions of Section 12 and 13 of the Consumer Protection Act (herein after called as 'the Act') against Sr. X.E.N. Punjab State Power Corporation Ltd. Patti District Tarn Taran on the allegations that the complainant- Bikramjit Singh is an Ex. Army Man and at present he is residing in village Jaura Tehsil and district Tarn Taran alongwith his wife and one daughter. Earlier the residence of the complainant and his brother Raghbir Singh was joint and their respective families were residing in old ancestral house situated in the joint agricultural land bearing Khasra No. 87//18. Later- on the complainant constructed his separate new house in the same Khasra Number as the old house fallen in the share of brother of the complainant. The complainant applied for a domestic electricity connection before the opposite parties and also deposited Rs. 2,498/- for the same and the opposite parties issued a receipt bearing No. 46 dated 7.5.2019 in the name of the complainant to this effect. The complainant also submitted all the required documents with the opposite parties for further proceedings and complied with all the requirements for the issuance of new connection in the name of the complainant for his newly constructed house. Upon which the PSPCL also passed online site plan as well as sanctioned transformer for 24 hours domestic electricity supply. The complainant paid the installation fee to the opposite party No. 2 to avail services of the opposite parties and as such, he is beneficiary of the services provided by opposite parties and hence the complainant is consumer of opposite parties under the provisions of Consumer Protection Act, 1986. Inspite of all this, the opposite parties have not issued and installed a new electricity connection in the name of complainant till date without assigning any reason and without any fault on the part of the complainant, for which the opposite parties are legally duty bound to do so. The complainant in the first week of September 2019, requested the opposite party No. 2 for the installation of his domestic electricity connection in his newly constructed house otherwise the complainant will be forced to approach the Senior Officials of the PSPCL. Due to that grudge the opposite party No. 2 got issued/ served a memo/ letter No. 1652 dated 18.9.2019 upon the complainant wherein the opposite party No. 2 arbitrarily and unlawfully claimed Rs. 1,78,761/- thereby alleging that the complainant committed theft of energy, which is totally wrong and hence denied specifically. The premises of the complainant has never been checked by any official of PSPCL and in case there is any alleged checking report even then the same is illegal, created by the department behind the back of the complainant and unenforceable in the eyes of law and the complainant is not bound by the same. The demand of alleged amount raised through the said letter/ bill is illegal, null and void and the complainant is not liable to pay such illegal and arbitrarily amount in any manner. The complainant has never committed any offence punishable under the Indian Electricity Act. The complainant has already filed a declaration suit against the opposite parties challenging the alleged notice dated 18.9.2019 and the same is pending before the court of Additional District and Sessions Judge Tarn Taran with the powers of Special Judge under Electricity Act, 2003. The complainant had already applied for a domestic electricity connection before the opposite parties in the month of May, 2019 as detailed above and the opposite parties were under legal obligation and duty bound to supply electricity within the period of one month after the receipt of the application but the opposite parties instead of issuing and installing electricity connection/ meter and to provide electricity as applied by the complainant in accordance to the rules and procedure, they have issued a wrong letter/ notice upon the complainant just in order to harass the complainant and to delay the installation proceedings of the electricity connection in the house of the complainant. The opposite parties were required to provide temporarily supply of the electricity to the premises of the consumer/ complainant on the submission of the application till the permanent supply of electricity to that consumer and in lieu of that they charge the average consumption charges from the consumer. The complainant approached the opposite parties and other concerned authorities of the department many times with a request to issue and install a new domestic electricity connection and to provide electricity by way of installing the electric meter in the said house of the complainant after installing a transformer for 24 hours supply of electricity but the opposite parties lingered on the matter on one false pretext or the other and finally refused to accept his genuine request made since a month back. A legal notice dated 15.7.2020 was also served upon the opposite parties by the complainant through his counsel from Tarn Taran whereby the opposite parties were again requested to issue/ install a domestic electricity connection in the name of the complainant the said notice was duly served upon the opposite parties on correct address but inspite of service of notice, opposite parties have failed to do the needful as required till date. The opposite parties have not supplied any electricity to the premises of the complainant due to which the complainant alongwith his family members, is suffering a huge inconvenience at the hands of the opposite parties without any fault on his part. The opposite parties are guilty of fault, imperfection, abort coming and inadequacy in quality. The complainant has prayed that the opposite parties may be directed to issue and install a new domestic electric connection in the name of the complainant and to provide electricity by way of installing the domestic electricity meter in the said house of the complainant after installing a transformer for 24 hours supply of electricity. Interim relief in favour of complainant by way of directing the opposite parties to provide/ give temporary supply to the house of the complainant till the disposal of the present complaint. The opposite parties may be directed to pay an amount of Rs. 1,00,000/- as compensation and Rs. 11,000/- as litigation expenses. Alongwith the complaint, the complainant has filed his affidavit Ex. C-1, Self attested copy of receipt dated 7.5.2019 Ex. C-2, Self attested copy of memo/ letter dated 1652 dated 18.9.2019 Ex. C-3, Self attested copy of plaint Ex. C-4, Self attested copy of legal notice dated 15.7.2020 Ex. C-5, Original receipts dated 15.7.2020 Ex. C-6, C-7, self attested copy of Adhar Card Ex. C-8.
2 After formal admission of the complaint, notice was issued to Opposite Party and opposite party appeared through counsel and filed written version contesting the complaint by taking preliminary objections that the present complaint is not maintainable and is an abuse of process of this Commission. The complainant has concealed the material facts from this Commission and is not entitled to any relief from this Commission. It is a case of theft of electricity and jurisdiction of this commission is specifically barred. The mater is subjudice in the civil courts as the complainant has already alleged in the present complaint that he has challenged the notice dated 18.9.2019 in the court of Additional District and Sessions Judge Tarn Taran with the powers of Special Judge Under Electricity Act 2003 and the complainant cannot avail same remedy in two courts. Sh. Jaswinder Singh Sajjal Waddi S.D.O and Sh. Jaswinder Singh J.E. checked the premises of the complainant on 14.9.2019 and he was found stealing of electricity and he was using 10 electricity lamps, 3 electric fans, 8 electric plugs, One electric motor on his electric fodder cutter, One A.C. 1½ Ton, One L.E.D, thus he was stealing the energy to the tune of 4 K.W. and at that time one Car bearing its registration No. PB02-BL-6375 and one motorcycle bearing its registration No. PB46-E-1868 were parked and wife of the complainant was present in the house. The checking report was prepared at the spot but none signed from the complainant and on 18.9.2019 the memo cum notice for payment of sum of Rs. 1,78,761/- was served upon the complainant by the opposite parties and later on same was sent to the SHO Anti Power theft P.S. Verka. Due to which the connection of the complainant was disconnected and same cannot be install until and unless he is making the above said payment to the opposite parties. But the complainant has not placed true and full facts before this Commission and has misled this Commission and the present complaint may be dismissed with heavy costs in the interest of justice. On merits, it was pleaded that heavy amount in the shape of penalty of opposite parties is due towards the complainant which is not cleared by the complainant and new connection cannot be installed until and unless he is not clearing his dues. The complainant is a wrong doer and matter in question relates to theft of electricity and this Commission has got no jurisdiction to try and entertain the present complaint. The opposite parties have denied the other contents of the complaint and prayed for dismissal of the complaint with costs. Alongwith the written version, the opposite parties have placed on record affidavit of Charanjit Singh SDO Ex. OPs/1, Self attested copy of Inspection Report Ex. OPs/2, Self attested copy of Memo dated 18.9.2019 Ex. OPs/3 Self attested copy of letter written to SHO P.S. Anti Power Theft Verka Amritsar by SDO PSPCL Sub Division Kairon Ex. OPs/4.
3 We have heard the Ld. counsel for parties and have also carefully gone through the documents on the file.
4 We are not touching the merits of the case, however, from the pleadings and documents placed on record it is clear that the present case pertains to theft of electricity. Alongwith the written version, the opposite parties have placed on record Self attested copy of Inspection Report Ex.OPs/2 in which it is written
“That the Behak of above said person was checked and no domestic meter is installed in his house and this person is stealing energy by applying direct Kundi on AP Tubewell supply and this is a case of theft of electricity’
In addition to that the opposite parties have also placed on record one document Ex. OPs/3 i.e. Bill cum show cause notice as per provisions of Reg. 37 of Supply Code 2014 & Section 135 of the Act (For theft cases) , The opposite parties have also placed on record another document i.e. letter written to SHO P.S. Anti Power Theft Verka Amritsar by SDO PSPCL Sub Division Kairon which is Ex. OPs/4. All the above said documents shows that this case relates to theft of electricity. Therefore, in view of Judgment passed by the Hon’ble Apex Court titled as “U.P. Power corporation Vs Anis Ahmed” vide C.A. No. 5466 of 2012 (arising out of SLP(C) No. 35906 of 2011), this Commission is not competent to entertain this complaint. Hence, the present complaint is dismissed. The parties are left to bear their own costs. Copy of order be supplied to the parties as per rules. File be consigned to record room.
Announced in Open Commission.
04.08.2021
