DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA (PUNJAB)<br /> <br /> C.C. No. 103 of 1.4.2008<br /> Decided on : 14.5.2008 <br /> <br /> Market Committee Bhagta Bhai Ka through its Secretary, Tehsil Phul, District Bathinda.<br /> ...... Complainant<br /> <br /> Versus. <br /> <br /> 1. Punjab State Electricity Board, through its Secretary, Patiala.<br /> 2. Assistant Engineer, Distribution, Punjab State Electricity Board, Sub Division Baaja Khaana.<br /> ...... Opposite parties<br /> <br /> Complaint under section 12 of the Consumer Protection Act, 1986 <br /> <br /> QUORUM :-<br /> <br /> Sh. Lakhbir Singh, President<br /> Dr. Phulinder Preet, Member <br /> <br /> For the complainant : Sh. S.S Dhillon, Advocate<br /> For the opposite party : Sh. R.D Goyal, Advocate<br /> <br /> O R D E R.<br /> <br /> LAKHBIR SINGH, PRESIDENT:- <br /> 1. Complainant-Market Committee had applied for temporary electricity connections in its Sub Yards of villages Siryewala and Ghaniya on 20.9.2007. Its duty is to provide electricity to the farmers who sell their produce. After depositing security amount, letters No. 1116, 1126 and 1150 dated 26.9.2007, 1.10.2007 and 12.10.2007 were issued by it for immediate release of connections. Despite this, connections were not released as the meters were not available. Employees of the opposite parties gave direct supply of electricity to these Sub Yards at villages Siryewala and Ghaniya. Temporary connections were to be released expeditiously and in no case later than seven days from the date of registration of the application. Complainant alleges that despite the fact that it is not at fault, opposite party No. 2 has raised demand of Rs. 18,962/- towards A/c No. TC-327 of Siryewala (infact Ghaniya)and of Rs. 45,507/- concerning A/c No. TC-326 of village Ghaniya (infact Siryewala) vide letter dated 24.10.2007. Since this demand is illegally and arbitrary, there is deficiency in service on their part. In these circumstances, complaint under section 12 of the Consumer protection Act, 1986 (Here-in-after referred to as the Act) has been preferred by the complainant seeking direction from this Forum to the opposite parties to pay it total compensation amount of Rs. 37,000/- i.e. Rs. 20,000/- for mental tension and inconvenience, Rs. 7,000/- for litigation expenses and Rs. 10,000/- for botheration, mental and physical tension caused for wastage of time and energy. Further direction sought is that the demand raised be quashed and direction be given to the opposite parties to release the connections in time for the next year.<br /> 2. Opposite parties filed their version taking legal objections that complainant has got no locus-standi and cause of action; complaint is not maintainable; this Forum has got no jurisdiction to entertain and try the complaint; complaint is bad for non-joinder of necessary parties and complainant has not come with clean hands. They admit that temporary electricity connections were applied for by the complainant in its Sub Yards at villages Siryewala and Ghaniya. On their basis, demand notices were issued. Requisite security amount was deposited. Letters mentioned by the complainant were not despatched on the dates mentioned in the complaint. Connections were to be issued on the basis of the applications after compliance of the demand notices. Service Connection Order was issued on 20.9.2007 for Siryewala and on 7.10.2007 for Sub Yard Ghaniya. On 6.10.2007 complainant was found using electricity unauthorisedly from LT line at Sub Yard Siryewala. At the time of checking, load was 1.800 Kws. Checking was made in the presence of Binder Singh Chowkidar. On the basis of the checking, memo No. 2318 dated 9.10.2007 was issued for recovery of Rs. 45,507/-. Checking was done by J.E. Installation namely Nachhattar Singh who was accompanied by other officials. Connection at Sub Yard Siryewala was disconnected on 23.10.2007. Checking was done at Sub Yard Ghaniya on 5.10.2007. There was no authorised meter. Electricity supply was being taken directly. It was found that 0.750 light load was being used from LT line for street light in grain market directly without any sanction. It was a theft case. On the basis of the checking, memo No. 2304 dated 8.10.2007 was issued raising demand of Rs. 18,962/-. Disconnection order was issued on 22.10.2007. Complainant did not deposit the amount.<br /> 3. In support of its allegations, complainant has tendered into evidence affidavit (Ex.C.1), photocopies of letters dated 26.9.2007, 1.10.2007 & 12.10.2007 (Ex.C.2 to Ex.C.4) & photocopies of Provision Assessment Orders (Ex.C.5 & Ex.C.6).<br /> 4. On behalf of the opposite parties, reliance is placed on affidavit (Ex.R.1) of Sh. Kulwant Rai, SDO, affidavits (Ex.R.2 & Ex.R.3) of Sh. Nachhattar Singh, J.E, photocopies of final orders (Ex.R.4 & Ex.R.5), photocopies of A&A Forms (Ex.R.6 & Ex. R.13), photocopies of demand notices (Ex.R.7 & Ex.R.14), photocopies of SCOs (Ex.R.8 & Ex.R.15), photocopies of PDCOs (Ex.R.9 & Ex.R.16), photocopies of TDCOs (Ex.R.10 & EX.R.17), photocopies of checking reports (Ex.R.11 & Ex.18), photocopies of notices dated 9.10.2007 and 8.10.2007 (Ex.R.12 & Ex.R.19) and memo dated 17.10.2007 (Ex.R.20). <br /> 5. We have heard the learned counsel for the parties. Apart from this, we have gone through the record.<br /> 6. Mr. Dhillon, learned counsel for the complainant argued that temporary electricity connections for Sub Yards Siryewala and Ghaniya were applied for by the complainant. Connections were required to be released expeditiously. They were not released as the meters were not available. Employees of the opposite parties had given direct supply for the Sub Yards. He further argued that the demand of Rs. 18,962/- and Rs. 45,507/- raised through memos dated 8.10.2007 & 9.10.2007, copies of which are Ex.C.5 & Ex.C.6, is illegal. He also drew our attention to Sales Regulation No. 9.1.2 according to which temporary connections to the Market Committee should be released expeditiously and in no case later than 7 days from the date of registration of its application. <br /> 7. Mr. Goyal, learned counsel for the opposite parties argued that evidence of the complainant does not establish any deficiency in service on the part of the opposite parties. Letters, copies of which are Ex.C.2 to Ex.C.4, were not issued on the dates mentioned in them.<br /> 8. We have considered the respective arguments. Onus to prove the deficiency in service on the part of the opposite parties is upon the complainant as has been held by their Lordships of the Hon'ble Supreme Court in the case of Ravneet Singh Bagga Vs. K.L.M Royal Dutch Airlines & Another-2000(1)CLT-33. Deficiency cannot be presumed. There should be cogent and convincing evidence to establish it. Admittedly, temporary electricity connections were applied for by the complainant for Sub Yards of villages Siryewala and Ghaniya. Service Connection Order was issued on 20.9.2007 for Siryewala and on 7.10.2007 for Sub Yard Ghaniya. No-doubt, as per Sales Regulations, temporary connections were to be released expeditiously. But this does not mean that in case of non release of the connections, prospective consumers can use electricity unauthorisedly. Had the complainant taken action against the opposite parties for non-release of the temporary connections, the position would have been different. In this case, checking was done on 5.10.2007 at Ghaniya by Sh. Nachhattar Singh, J.E. Complainant was found taking direct supply of electricity by way of connecting wire with LT line meant for street light. Load was found 0.750 KW. No meter was found installed. This is evident from Ex.R.18. Checking was done at Sub Yard Siryewala by Sh. Nachhattar Singh, J.E. Complainant was found using electricity unauthorisedly by way of taking direct supply from LT line. At the time of checking, load was 1.800 Kws. Checking was done on 6.10.2007 in the presence of Binder Singh Chowkidar. Ex.R.3 & Ex.R.2 are the affidavits of Sh. Nachhattar Singh, J.E regarding the checking of the Sub Yards at Ghaniya on 5.10.2007 and Siryewala on 6.10.2007 respectively. He has fully supported the version in the reply of the complaint on all material particulars. His affidavit stands corroborated with affidavit Ex.R.1 of Sh. Kulwant Rai, S.D.O. All the official acts performed by the public servants in the discharge of their public duties are presumed to be correct. There is not an iota of evidence that Sh. Nachhattar Singh was in any way inimical towards the complainant or he had any other animus against it. Accordingly, his checking reports are worth placing credence. On the basis of the checking, provisional orders of assessment for Sub Yards of villages Ghaniya and Siryewala, copies of which are Ex.R.19 and Ex.R.12, respectively were issued. There is no evidence that complainant preferred objections within seven days against the provisional orders of assessment. Accordingly, final orders of assessment have been passed by the opposite parties, copies of which are Ex.R.4 & Ex.R.5, for Siryewala and Ghaniya respectively. In other words, assessment of the amount for theft of electricity has become final. Temporary Disconnection Orders for Siryewala and Ghaniya were issued as is evident from Ex.R.10 and Ex.R.17. Permanent Disconnection Orders were also issued as is clear from Ex.R.9 and Ex.R.16 respectively. Complainant has not named any employee of the opposite parties who had given direct supply of electricity at these Sub yards. This plea does not sound to reasons at all as no employee can allow such unauthorised use of electricity. Evidence proves that complainant was committing theft of electricity. Accordingly, provisional orders of assessment and thereafter, final orders of assessment have been legally passed against it (complainant). In the facts and circumstances, there is no deficiency in service on the part of the opposite parties. Demand raised is legal and valid. <br /> 9. In the premises written above, complaint being devoid of merits is dismissed with costs of Rs. 1,000/-. Copy of this order be sent to the parties free of cost. File be also consigned.<br /> <br /> Pronounced (Lakhbir Singh)<br /> 14.5.2008 President<br /> <br /> <br /> (Dr.Phulinder Preet)<br /> Member <br /> <br /> 'bsg' <br /> <br />