Complainant Ram Lal 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 withdraw notice dated 27.12.2017 amounting to Rs.55,014/-, to restore the concession of free units, not to disconnect the connection in question and return the amount of Rs.8,000/- deposited by him. Opposite parties be further directed to pay Rs.10,000/- as litigation expenses alongwith Rs.10,000/- as damages for unnecessary harassment caused by the opposite party, in the interest of justice.
2. The case of the complainant in brief is that he is using electric energy for his domestic needs vide account No.MF49/419 having its connected load 0.50 KW and paying bills regularly to the opposite party. Hence, he is consumer of the opposite party. He belongs to Scheduled Caste Category and availing facility of concession of 200 units per month in consumption of power under the reserved category as per the rules of the department. He has next alleged that opposite party issued a notice bearing memo no.850 dated 27.12.2017 for Rs.55,014/- to him, whereby it is alleged that meter connection of the complainant was checked and complainant was found to use the power for CS purpose in a shop in the house. The opposite party has claimed Rs.55,014/- after modifying the connection from DS to CS by the audit party and also terminated the concession of units. Opposite party has also threatened that if the demanded amount is not deposited by him, the connection would be disconnected. The abovesaid notice is illegal, null and void and not binding upon the rights of the complainant. Alleged checking report is totally wrong, ambiguous, arbitrary and partial one. He has further alleged that he has deposited Rs.8,000/- vide receipt dated 19.4.2018 out of the demanded amount of Rs.55,014/-, so that connection should not be disconnected. He is poor person and is only labourer. He is unable to pay such illegal huge amount. He requested many times to the opposite party to withdraw their illegal notice dated 27.12.2017 for Rs.55,014/- and to restore the concession of units of consumption and to return the amount of Rs.8,000/- deposited by him under pressure. Thus, there is deficiency in service on the part of the opposite party. Hence this complaint.
3. Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply submitting therein that the connection was issued to the complainant for load 0.50 KW, but on checking on 01.07.2017 by the SDO Sukhdev Raj alongwith the staff of PSPCL the load of the complainant was found 1.186 KW. So the complainant do not deserve concession of 200 units per month as the concession of 200 units is given to the consumer if the load of the consumer is below 1 KW. Complainant is using load 1.186 KW for commercial purpose when the connection issued for domestic purpose. The bill issued to the complainant from 1.7.2016 onwards for commercial purpose without any concession, that the difference of charges DS to CS. 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 other three documents.
5. Alongwith the written statement, opposite parties has filed documents Ex.OP-1 to Ex.OP-4.
6. We have carefully gone through the pleadings of counsels for the parties; oral 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.
7. The premises of abovesaid connection was checked by concerned PSPCL AE (SDO) of Dehriwal Daroga, Sub Division on 1.7.2017 vide checking report no.56 (Ex.OP-1). As per report, the electricity was also used to run a karyana shop in the house of the complainant and checked load also found to be excess than that of sanctioned load. Thereafter on the basis of checking report internal auditor vide their Half Margin No.16 dated 22.12.2017 (Ex.OP-2) charged Rs.55,104/- on account of UUE as per Supply Code 2014 Clauses 36, 37 part B. AE/PSPCL Dehriwal Sub Division issued the notice memo no.850 dated 27.12.2017 (Exd.OP-3) to the complainant Ram Lal son of Piara Lal to deposit the required amount of Rs.55,104/- under UUE, as per Electricity Act clause 126 and Supply Code Clause 36, 37.
As per Electricity Act Clause 126 and Supply Code Clause 36 (36.2) in unauthorized use of electricity cases appeal is to be filed before appellate authority as per clause 127 and as per notification vide notification dated 26.3.2021 No.1/13/04-EB(PR)108. In this case appellate authority is Sr. Xen/P & M Civil Line, Amritsar of state transmission utility.
8. In view of the aforesaid discussion, it is observed that this is case of unauthorized use of electricity, so this complaint is not maintainable in this Commission.
9. Complainant also filed an application for restoration of abovesaid electric connection dated 1.9.2021. As this case is not maintainable in this Commission, so this application stands disposed off accordingly.
10. It is observed that there is deficiency in the notice served to the complainant by opposite party no.1 with regard to procedure of UUE cases. No provisional notice is given to complainant and moreover complainant is not guided in the notice to approach appellate authority within certain time frame. As such complainant is at liberty to approach concerned appellate authority within 30 days of receipt of this order.
11. Hence, the complaint is hereby dismissed with no order as to costs. Further the complainant is at liberty to file appeal before the concerned Appellate Authority, if he so desires.
12. Copy of the order be communicated to the parties free of charges. File be consigned.
(Neelam Gupta)
President
Announced: (Bhagwan Singh Matharu)
September 21 , 2021 Member
*MK*
