Complainant Bharti Gupta has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to  restore the electricity supply to the electricity connection bearing A/C No.G57G1642017M (DS) after reinstalling  a new meter equipment and also restrained to make any type of illegal demand instead of actual consumption of the electricity consumed by  her and also restrained the opposite party not to implicate her  into any type of false case. Opposite parties be further directed to pay Rs.50,000/- as unnecessary physical and mental harassment caused by the opposite party alongwith Rs.10,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that she has an electric connection bearing A/C No.G57G1642017M, (DS) in her name and her sanctioned load is only 3.87 KW.  The opposite party has installed meter equipment outside  premises of her house in a meters box which is always key locked under the supervision of opposite party. She is using the electricity, paying its bills etc. regularly and nothing is outstanding against her.  On 2.10.2019, the employee/meter reader of the opposite party informed her that the meter equipment to electricity connection bearing A/C No.G57G1642017M, (DS)  is not present into the meter box and the supply of electricity of her premises has already been connected from the other connection by anyone, but she requested that she has no knowledge about the same because the meter equipment of above disputed account has already been installed into the meter box, which is outside her premises. She further requested that she has no knowledge about the person, who has connected her premises electricity supply to her other account into meter equipment. She has next pleaded that she immediately lodged a written complaint in the police station of P.S.Shahpurkandi Pathankot about the theft of meter equipment and the same was marked under no.688-F/dated4.10.2019 to HC Naresh Kumar for inquiry. She requested the opposite party to reinstall the new meter and restore its electricity supply, after disconnecting the electricity supply from other electricity connection of her shop, in order to save herself from future complications, but the concerned J.E. and other authorized persons of the opposite party have intentionally ignored her, besides so many requested made by her for this purpose. She has further pleaded that the opposite party is threatening to her that she herself got the meter equipment removed from the meter box, and also putting the blames upon her that she is committing theft of electricity by taking the electricity supply from her other electricity account illegally and forcibly raised an illegal demand of bribe of Rs.85,000/- in order to dispose off present matter.  The lawful act of the opposite parties amount to deficiency in service on their part and also against the rules and provisions of PSPCL and law also. Hence this complaint.

 3.          Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that complaint is not maintainable; the complaint filed by complainant against opposite parties is wrong and has been filed by misrepresenting and suppressing the material facts from the Hon’ble Commission, as such the complainant has not come to the Commission with clean hands and the complainant has no cause of action or locus standi to file the present complaint. On merits, it was submitted that actually the J.E. Incharge of the opposite party during the surprise checking informed the complainant that the meter equipment to electricity connection bearing Account No.G57G1642017 (DS) is not present into the meter box and the supply of electricity of her premises has been illegally and directly connected at the site and the joints were duly taped. The J.E. Incharge filled the Load Checking Register in respect of the Account in question i.e. Account No.GT 64/2017 and after calculating a sum of Rs.70,484/- was found payable by the plaintiff as per provision of regulation 37 of the supply code and Section 135 read with Section 154(5)/126(6) of the EA 2003 and regarding which Notice/Memo No.1124 dated 24.10.2019 was also issued/served against the plaintiff with directions to deposit a sum of Rs.18,000/-with the defendants as compoundable fee under section 152 of the Act designated by the Government of Punjab vide Notification No.1/27/05/EB(PR)/204 dated 23.03.2006 besides the aforesaid amount towards penalty to the tune of Rs.70,484/-.  It has next submitted that if any complaint is lodged with the Police Station Shahpurkandi about the theft of electricity Meter equipment, the same is false and bogus and has been falsely lodged by the complainant just to save her skin from her liabilities in respect of the electricity connection bearing Account No.G57G1642017M (DS) and also to save her skin from other legal complicacies and consequences thereof. It has further submitted that the complainant never requested the opposite parties as alleged to reinstall the new meter equipment to the connection bearing Account No.G57G1642017M (DS) or to restore its electricity supply, after disconnecting the electricity supply from other electricity connection of her shop. The question of reinstalling the new meter equipment connection or to restore its electricity supply does not arise, as in the records of the opposite parties the electric supply connection in question i.e. electric connection Account No.G57G1642017M (DS) is still working in the name of the complainant and no temporary or permanent disconnection order/Memo has been issued by the department  to disconnect the supply to the premises of the complainant through the electric supply connection in question i.e. electric connection. As such the complaint is false and bogus and has been filed against the opposite parties just to save her skin from her liabilities in respect of the electricity connection bearing Account No.G57G1642017M (DS)and also to save her skin from other legal complicacies and consequences thereof. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

 4.      Alongwith the complaint, complainant has filed his own affidavit alongwith documents Ex.C-1 to Ex.C-4.

5.         Alongwith the written statement, opposite parties filed affidavit of Sh.Ashwani Kumar, S.D.O. PSPCL, Sujanpur Ex.OP-1,2/1/A alongwith documents Ex.OP-1,2/1  and Ex.OP-1,2/2.

6.      Written arguments filed on behalf of both the parties.

7.        We have carefully gone through the pleadings of counsels for the parties; arguments advanced by their respective counsels and have also appreciated the evidence produced on record with the valuable assistance of the learned counsels for the purposes of adjudication of the present complaint.

8.      Ex.OP-1,2/1 and Ex.OP-1,2/2 are documents submitted by opposite party no.2 and is the basis of the complaint of complainant.  Opposite party no.2 checked the site of electric connection of complainant as per load checking register No.93/1623 dated 24.10.2019 Ex.OP-1,2/1, wherein it is declared that meter of complainant Account No.GT64/2017 of Bharti Gupta is missing from meter box and electric connection was  found directly connected. Thereby AEE/Sub Divn. Sujanpur issued a notice Ex.OP-1,2/2 as theft of electricity case, under Section 135 of Electricity Supply Act 2003, to deposit Rs.70,484/- alongwith compounding charges of Rs.18000/- as per Section 152 of said Act. It is also alleged by complainant in para  No.8 that Rs.85,000/- is demanded as illegal demand of bribe, but no documentary evidence  has been placed on record.

9.       Complainant also submitted a document Ex.C-4, an application to S.H.O. Police Station Shahpur Kandi regarding theft of meter from meter box. Complainant further alleged that opposite party no.2 disconnected their electricity supply, whereas opposite party denied the fact in their reply. It is also submitted by complainant that they have no knowledge of missing of meter.

10.      In view of the above, it is clear that notice issued by opposite party no.2 i.e. Ex.OP-2/2 under Section 135 of Supply Code, is a case of theft of electricity. As per Supply Code Regulation No.37.4.1

         “Every offence of theft of electricity under Section 135 shall be triable only in the Special Court with whose jurisdiction such offence has been committed.”

11.      So, in view of aforesaid discussion, this complaint is not maintainable in this Commission.

12.      Hence, the complaint of the complainant is hereby dismissed. However, the complainant is at liberty to approach the appropriate Court of law. No order as to costs.

13.     Copy of the order be communicated to the parties free of charges. File be consigned.                                                                                                                                                     

                    (Neelam Gupta)

                                                                                    President   

Announced:                                                   (Bhagwan Singh Matharu)

September 29, 2021                                                           Member

*MK*