DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Complaint No. CC/010/111 of 19.2.2010 Decided on: 25.8.2010 Mohan Lal Kalia son of Sh.C.R.Kalia, resident of J-4,Jagdish Colony, Patiala. -----------Complainant Versus 1. Punjab State Electricity Board ,Head Office,The Mall Road, Patiala through its Chairman/Secretary. 2. Assistant Executive Engineer, Punjab State Electricity Board ,Sub Division Fort, Patiala. 3. S.D.O. Punjab State Electricity Board ,Sub Division Fort, Patiala. ----------Opposite parties. Complaint under Sections 11 to 14 of the Consumer Protection Act. QUORUM Sh.Inderjit Singh, President Sh.Amarjit Singh Dhindsa,Member Smt.Neelam Gupta, Member Present: For the complainant: Sh. A.S.Ahluwalia, Advocate For opposite parties: Sh. B.L.Bhardwaj, Advocate ORDER SH.INDERJIT SINGH, PRESIDENT Complainant Mohan Lal Kalia has brought this consumer complaint under Sections 11 to 14 of the Consumer Protection Act,1986 as amended up to date ( hereinafter referred to as the Act) against the opposite parties fully detailed and described in the head note of the complaint. 2. As per averments made in the complaint the case of the complainant is like this:- That the complainant purchased a residential House No.4-A,Jagdish Colony, Patiala from its owner Baldev Singh in the year November 2005 through registered sale deed. That an electric connection account No.P21RP370419N was lying installed in the aforesaid house purchased by the complainant. No consumption charges were due against the aforesaid connection. That in the second week of December 2009, the officials of the opposite parties visited the house and removed the electric meter of the complainant on the pretext of fixing/installing the same outside the gate of the house of the complainant. They took the electric meter with them without disclosing any cause or reason. That the tenant is living in the said house of the complainant for the purpose of supervision of the property of the complainant. That in the month of December 2009, the complainant received an electricity bill of dated 20.12.2009 amounting to Rs.980/- including current financial year balance of Rs.608/-. That when the complainant received this electricity bill of Rs.980/- the complainant approached the opposite parties No.2&3 and after deducting the amount of Rs.608/-, the opposite parties got deposited Rs.372/- from the complainant. That when the complainant visited the opposite parties, then he came to know about the checking register No.1108 and notice of provisional order of assessment for theft of electricity in exercise power and in that notice, the opposite parties demanded Rs.7514/- from the complainant and in that notice, it is mentioned that both ME seals of meter found tampered. After knowledge of the notice dated 16.12.2009, the complainant approached the officials of the opposite parties i.e. the S.E.(Operation),P.S.E.B.,Patiala and gave the written complaint on dated 16.1.2010 mentioning the inflated bill of Rs.7514/- and also mentioned that the complainant has never received any notice or bill of so heavy amount against the said connection. That the officials of the opposite parties installed another meter of the house of the complainant. Again, the complainant approached the officials of the opposite parties about the illegal demand but no relief was given by them. That on the 16th of February 2009 again the officials of opposite parties visited the house of the complainant and disconnected the electric connection and removed the new installed meter without any knowledge of the complainant and since then the complainant and his family is living in the dark. That the opposite parties have wrongly added that the old meter was tampered and its M&T seals were tampered. That the complainant is S.D.O. in telephonic and now posted at Delhi. That the complainant is still under the mental tension and agony due to the harassment caused by the opposite parties due to the non installment of electric meter and as such, the complainant is entitled to specific damages to the tune of Rs.20000/-. That the act and conduct of the opposite parties amounts to deficiency in service on their part. Hence this complaint. 3. Notice of the complaint was given to the opposite parties, who appeared and filed a joint written reply contesting the claim of the complainant. It is alleged that an electricity connection bearing account No.P21RP370419N exists in the name of Sh.Baldev Singh at the premises. That electricity connection was checked by the authorized and competent P.S.E.B.checking team consisting of Sh.Surinder Singh-JE and others vide checking report No.57/1108 dated 14.12.2009 and it was found during its checking that “MCB: Not installed, MTC :Missing, M&T Missing, Spot welding: Both ME seals found tampered, Both ME seals of meter found tampered. Meter packed in card box in the presence of the consumer” which amounts to theft of energy by illegal means by the complainant and he is liable to pay for the same as per rules. That the above stated checking of above stated electricity connection was carried out in the presence of the complainant, and the complainant has signed on the checking report for its authenticity. That a copy of the checking report was also supplied to the complainant at the time of its checking and necessary endorsement has also been made in the checking report. That based on the above stated checking report a legal demand memo no.1836 dated 16.12.2009 amounting to Rs.7514/- was made upon the complainant and it was also advised to the complainant that he may pay Rs.6000/- as compounding fee charges in his own interest to avoid any police action in the matter since complainant was found to be indulging in theft of energy by illegal means and the matter has been reported vide memo No.1835 dated 16.12.2009 to Inspector Anti Power Theft Police Station,P.S.E.B.,Patiala to lodge necessary FIR in the case. That the opposite parties have no objection if the subject electricity meter is got checked from ME Lab,P.S.E.B., Patiala in the presence of the complainant/consumer, if so required by the Forum though no further checking of subject electricity meter is required since the same was checked by the authorized and competent P.S.E.B. checking team in the presence of the complainant who has signed on the above stated checking report for its authenticity. That all the electricity meters are being shifted and installed outside the premises in phased manner as per policy of the Punjab State Electricity Board to plug the loop holes to minimize pilferage of energy by illegal means by the consumer. That complainant’s connection was disconnected vide PDCO No.71/71163 as per rules and regulations since the complainant has not paid the legal demand amount inspite of repeated requests and reminders and the same has since been restored as has been ordered by the Forum vide its order dated 24.2.2010.The action on the part of the opposite parties in this case has been legal, transparent and bonafide as per rules and the complainant has no cause or reason to file the present complaint case since there has been no deficiency of any service to the complainant. The complainant is not entitled for any compensation. All other averments made in the complaint have also been denied and have prayed that complaint be dismissed. 4. The parties in order to prove their case have tendered their respective evidence on the record. 5. The opposite parties have filed the written arguments. We have gone through the same and have also heard the learned counsel for the parties. 6. On perusal of the record and on hearing the learned counsel for the parties, we gather that the complainant who claims to be an occupant of a particular premises and where the electricity already made available by the opposite parties, the meter in question does not stand in his name. It appears that the same stands in the name of earlier occupant (Baldev Singh) of the said premises. 7. Since the meter of the Electricity Board did not stand in the name of the complainant he could not held to be consumer of the Electricity Board under the rules. On this point we are supported by the authority Keshav Babu Tare Vs. Executive Engineer M.S.E.B. and another 2004(2) CLT 235. 8. In the result we hold that the complainant is not a consumer as defined under the Act. That being so the complaint is dismissed with no order as to costs. Copy of this order be sent to the parties as per rules. File be consigned to the record. Pronounced. Dated:25.8.2010. President Member Member
| | Smt. Neelam Gupta, Member | HONABLE MR. Inderjit Singh, PRESIDENT | , | | 
