Brief facts of the complaint are that complainant is consumer of the opposite parties having electric connection bearing A/C No. X23BA461209P with sanctioned load of 0.88 KW and has been using the said connection for domestic use an has been paying electricity bills regularly. He was shocked to know on 10/2/2009 on the evening that opposite parties have sent notice bearing memo No.231 dated 6/2/2009 vide which penalty of Rs.54,144/- was imposed on him due to theft of electricity. which is wrong, illegal and arbitrary. That no checking was ever made by opposite party No.3 and he had never committed any theft of electricity. Hence the notice dated 6/2/2009 is totally without basis and shows deficiency on the part of opposite parties against which complainant is entitled to the reliefs claimed.<br /> 2. Notice of the complaint was sent to the opposite parties who filed written statement in which certain preliminary objection has been raised that complainant has no cause of action to file the present complaint. It is pleaded that complainant was found using 6 BHP submersible motor belonging to Harnek Sigh for irrigating his fields. The said motor was connected with rural feeder. But the said motor was running from urban feeder supply. Complainant has installed change over switch in the Kotha for motor near his Dera. It is pleaded that the team has observed that complainant was also using one BHP motor for fodder cutting machine after joining wire from the urban feeder in the said Kotha. Checking was recorded in register No.81/1023 dated 4/2/2009. However the Board has also recover 15 meters PVC wife of three core. Memo NO.231 dated 6/2/2009 was sent to the complainant in which detail of charges of Rs.54144/- was given. Copy was also sent to the SHO Special Police Station Shakti Sadan PSEB Jalandhar vide memo NO.232 dated 6/2/2009. On merits similar facts have been pleaded as pleaded in the preliminary objections. It is denied that notice dated 6/2/2009 is illegal and baseless. The amount of Rs.54144/- has rightly been imposed upon the complainant for theft of electricity. So the complaint is liable to be dismissed.<br /> 3. In support of his version complainant has produced in evidence affidavits Ex.CA, CB and CC and also documents Ex.C1 to C5.<br /> 4. On the other hand opposite parties produced in evidence affidavits and documents Ex.R1 to R9.<br /> 5. We have heard arguments of learned counsel for the parties and perused ocular as well as documentary evidence on the record. Counsel for the complainant has argued before us that impunge memo No.231 dated 6/2/2009 vide which penalty of Rs.54,144/- has been imposed upon the complainant is wrong, illegal, vague and baseless and has been issued to the complainant under political pressure of the opposite parties as the complainant is Ex-Sarpanch and Namberdar of the village and the opposite party in connivance with employees of PSEB got prepared forged notice under reference because no checking of connection of complainant was ever made by opposite party No.3 and complainant was never doing any theft of electric energy with the opposite parties.<br /> On the other hand it has been argued by counsel for the opposite parties that complainant was rightly charged on account of pilferage of electric energy after compliance with due procedure as prescribed under sales Regulations and under the Electricity Act, 2003.<br /> We have considered rival contentions of counsel for the parties. We do not find any merit in the contentions of learned counsel for complainant. No doubt complainant has denied committing theft of energy on the alleged date 4/2/2009 but we find convincing evidence produced by the opposite parties to substantiate the charge of pilferage of electric energy. There is affidavit ex.R1 of Rupinder Pal Singh Bhasin SDO supported by another affidavit of Darshan Singh SDO Ex.R2 and that of Kewal Krishan Sood AJE Ex.R3 that on 4/2/2009 they inspected the Dera of the complainant in the presence of complainant who was found using 6 BHP submersible motor belonging to Harnek Singh for irrigating his fields and found that complainant was using electricity very cleverly while connecting the said motor with LT line of urban feeder with change over switch and also joined wires from rural LT line. At the time of checking there was electric cut of rural feeder but the checking party found the motor was running from urban feeder. It was also observed by the Inspecting officers of the opposite parties that complainant was using 1 BHP motor for fodder cutting machine after joining wires from the urban feeder supply.. Opposite parties have also proved checking report Ex.R5 dated 6/2/2009 depicting vivid description of mode of theft of electricity and non production of any evidence regarding installation of generator by the complainant for his ue of one BHP motor for fodder cutting machine further supports charge of theft of electricity and later on serving of assessment order Ex.R6 vide memo No.231 dated 6/2/2009 under Section 135 of Electricity Supply Act, 2003 and E.S.C. 2007 clause 37 of 2007. It has been clearly alleged in para-2 of the written statement supported by affidavit Ex.R1 that copy of checking report wa given at th spot to the complainant though he refused to sign the checking report and to that effect the team also pasted one copy of checking on the main gate of Dera of the complainant. We do not find any evidence of opposite parties which may smack of any illwill grudge or enmity against the complainant to make out any fabricated case for theft of electric energy. Admittedly complainant installed change over switch in Kotha for motor for using supply both from the rural and urban feeder by way of illegal means confirm version of the opposite parties.<br /> In the ultimate analysis of aforesaid discussion finding no merit in the complaint same is hereby dismissed with no order as to osts.<br /> Let certified copies of order rendered be supplied to the parties without unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announed : ( Shashi Narang ) ( Paramjit Singh )<br /> 12.5.2009 Member President.