CCharanjit Singh, President

1        The complainant has filed the present complaint under Section 34, 35, 36, 38 and 39 of the Consumer Protection Act (herein after called   as 'the Act') against the opposite parties on the allegations that the complainant Surjit Singh is resident of village Lalu Ghuman and is residing in the village at Behak outside the Abadi of village. There is an electric meter running in the house of the complainant bearing Khata No. lG370568 having account No. 3021LG370568A in the name of Ajaib Singh son of Tara Singh, who was the father of the complainant.  The electricity meter of the complainant was defected in the year 2019 as earlier to the month of November 2019, the applicant was getting normal bills as the applicant paid bill amount of Rs. 2,830/- in the month of December 2018, Rs. 3,970/- in the month of March 2019, Rs. 2,060/- in 2019, Rs. 2,850/- in the month of July 2019, Rs. 1,130/- in the month of September 2019 but thereafter the electricity meter of the house of the applicant become defected and was running very fast even without any usage of the complainant, due to which the meter jumped and the wrong bill received by the applicant for the period of 2.11.2019 to 1.1.2020 amounting Rs. 38,120/-. Thereafter, the second defective Bill was for the period of 1.1.2020 to 2.3.2020 amounting to Rs. 89,432/-, Bill from 2.3.2020 to 27.6.2020 amounting to Rs. 1,08,269/-, Bill dated 27.6.2020 to 28.8.2020, total amount of Rs. 1,16,138-/ and Bill dated 4.3.2021 amounting to Rs. 1,25,793/-. The complainant moved an application to the OP No. 2 regarding the excess bills and also for requesting OP No. 2 to check the meter upon which Tarlochan Line man gave the written report, thereafter, on 28.5.2020 the complainant again moved an application to OP No. 2 regarding the fast running of the meter and for checking of the same, upon which Dharam Singh and Tarlochan Singh line man gave the report that the meter was checked at the spot and even after shutting of the load of the house the meter was till running, which shown the meter was defective and was running without usage . The complainant on 29.6.2020 again moved an application to OP No. 2 for bringing to the notice of the OP regarding the excess bill amounting to Rs. 1,08,269/-. On the application of complainant, the opposite parties have accepted Rs. 142/- from the father of the complainant for changing  the meter vide receipt No. 52304 dated 28.5.2020 and in challan No. 142 dated 23.10.2020 of the OP as per serial No. 9 the old meter of the complainant was removed. The OP and its authorized employee who came to the spot told the complainant that the meter will be checked in the lab of the O.P and the written consent and the presence of the complainant will be made by the OP before checking the meter in the lab but till date neither the O.P ever called the complainant to witness the alleged checking of the meter nor the complainant had any knowledge how the O.P has dealt with the old meter of the complainant. The newly installed meter is running at the spot and the complainant has been paying the bills. The father of the complainant died on 5.11.2014 and the complainant being the son of Ajaib Singh has been paying the electricity charges to the O.P. Even on the asking of O.P. No. 2 the complainant had paid Rs. 30,000/- on 18.3.2020 otherwise the O.P was raised threats that the running meter of the complainant will be dis-installed. Even the said amount of Rs. 30,000/- has been adjustment by the O.P. The present electricity meter is having account No. T21LG370568A and the last bill for the period of 27.12.2020 to 4.3.2021 is amounting to Rs. 1,25,750/- which includes the old arrears of defective meter. The complainant being so of Ajaib Singh was using the electricity meter and was paying electricity charges to the O.P but the O.P intentionally delayed the checking process and of changing the electricity meter and thereby caused mental physical harassment to the complainant who is consumer of the OP as per the provisions of Consumer Protection Act, as the complainant had paid electricity bills and other dues to the O.P for the service and also for providing electricity at fair rate as per the usage of the complainant. The O.P has intentionally harassed, tortured the complainant by causing a long delay of checking and installing the electricity meter and the O.P has shown intentionally deficiency, inefficiency defect in their services dealing and selling of electricity to the complainant. The complainant prayed that the opposite party may be directed to cancel all the excess / wrong bill amounts due to defective fast running of the meter. The opposite party further be directed to detect/less all the wrong arrears from the current bill of the complainant. The opposite party may also be directed not to dis install or disconnect the present working meter of the complainant. The O.P. may also be directed not to recover the wrong arrears of bills which are due to the fast running and jumping of the old meter, during the pendency of this case and the O.P may be directed to receive the present bill amount as per the present working unit of the meter and the OP may be directed to receive the present bill amount as per the present working unit of the meter and the OP may be directed to receive the present bill to the extent of present usage only till the decision of the complainant.  Alongwith, the complaint, the complainant has placed on record his affidavit Ex. C-1, Copy of Bill dated 2.11.2019 to 1.1.2020 Ex. C-2, Copy of Bill dated 2.3.02020 Ex. C-3, Copy of Bill dated 27.6.2020 Ex. C-4, Copy of Bill dated 28.8.2020 Ex. C-5, Coy of Bill dated 24.10.2020 Ex. C-6, Copy of Bill dated 27.12.2020 Ex. C-7, Copy of Bill dated 4.3.2021 Ex. C-8, Copy of Bill dated 2.11.2019 Ex. C-9, Copy of Bill dated 20.2.2019 Ex. C-10, Copy of Bill dated 28.4.2019 Ex. C-11, Copy of Bill dated 25.6.2019 Ex. C-12, Copy of Bill dated 25.8.2019 Ex. C-13, Copy of Bill dated 15.12.2015 Ex. C-14, Copy of death certificate dated 5.11.2014 Ex. C-15, Copy of application dated 8.1.2020 Ex. C-16, Copy of application dated 28.5.2020 Ex. C-17, Copy of application dated 29.6.2020 Ex. C-18, copy of receipt dated 28.5.2020 Ex. C-19, Copy of Challan No. 142 dated 23.10.2020 Ex. C-20, Copy of receipt dated 18.3.2021 Ex. C-21.

2        Notice of this complaint was sent to the opposite parties and opposite party appeared through counsel and have filed written version by interlia pleadings that the present complaint is not maintainable in this commission and opposite parties have establish Consumer Disputes Redresal Form at Zonal Level and Circle Level. Consumer are required to resolve their disputes regarding electricity Bills before these committees. The complainant has no locus standi to file the present complainant is not  consumer of Opposite Party. He never applied before opposite parties and never deposited any security and never filled A & A form to become the consumer of Opposite Parties. The meter is on the name of his father, who expired. The complainant has committed theft of electric energy by bye-passing electric wire from pole to bye-pass the electric meter and a FIR lodged in Power Com Police Station Bye Pass Road Verka, Amritsar. Copy of notice is Ex. OP-2 alongwith copy of LCR Ex. OP-3. The meter is checked by M.E. Lab on the request of complainant and consent of complainant is Ex. OP-4 and report of ME Lab is Ex. OP-5. The electric bill of complainant for the sum of Rs. 1,08,269/- is correct. The complainant has deposited Rs. 142 but on the name of his father who expired. The presence of complainant is not required when the complainant has given his consent in writing to check the said meter in Lab.  Electric bill can be paid by anybody on behalf of consumer. The opposite parties never harassed the complainant intentionally and also there is no deficiency or inefficiency on the part of the opposite parties.  The opposite parties did nothing wrong which may go against law of PSPCL. There is no deficiency in service of opposite parties. It is the duty of the opposite parties to charge consumption amount of electric bill. There is no harassment on the part of opposite parties and question of compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/- does not arise. The opposite parties have denied the other contents of the complaint and prayed for dismissal of the same. Alongwith the written version, the opposite parties have placed on record affidavit of Jatinder Kumar SDO PSPCL Chabhal Ex. OP-1 alongwith documents i.e. copy of notice Ex. OP2, Copy of LCR Ex, OP3, Consent letter of complainant Ex. OP-4, Report of M.E. Lab Ex. OP-5.  

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.OP-3 in which it is written

“ygseko dk whNo u?e ehsk , ygseko B/ ekb/ ozr dh PVC sko f;Xh T/F s' gk e/ fpibh dh u'oh eo fojk ;h. fpibh u'oh dk e/; pDdk w'e/ s/ sko T[sko bJh.’

In addition to that the opposite parties have also placed on record one Bill cum show cause notice U/s 135 for theft of electricity- Assessment order to consumer (Ajaib Singh) Ex. OP-2 .  All the above said documents show 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.

28.02.2024