Present complaint under Section 12 of the consumer Protection Act, 1986 as amended upto date has been filed by complainant Gurdeep Singh against PSEB through Assistant Executive Engineer Sub Division Dhilwan, District Kapurthala and other functionaries seeking direction against opposite parties to withdraw the penalty amount of Rs.11075/- imposed upon him vide notice dated 14/11/2007 being illegal, null and void and contrary to the provisions of Sales Regulations and also Electricity Act, 2003 and also for monetary compensation on account of deficiency in service on the part of opposite parties.<br /> 2. Gist of the complaint is that complainant is a consumer of the opposite parties having domestic connection and later on same was converted into NRS connection ( Non Residential Supply )through Khata NO.JA-37/556 and deposited Rs.5100/- as security for NRS connection. He started construction of marriage palace but the officials of the opposite party Board started blackmailing him to have greedy eye on extraneous consideration to which he declined. Resultantly illegal demand of Rs.11075/- through notice dated 14/11/07 was served upon him on the plea of temporary supply of energy in place of Non Residential Supply of energy . He has thus assailed illegal notice as per 86 (86(1) of Schedule of Tariff for non residential supply of electricity and Regulations amended up dated upto 31/12/2004 and as such is not liable to pay the amount of impunged notice.<br /> 3. Opposite parties appeared and controverted the allegations of the complainant and resisted his claim. These broad facts are not disputed that complainant got got released electric connection previously for domestic purpose, then on the application of the complainant, said connection was converted into NRS category. Since the complainant was constructing building of marriage palace and was using electric connection released under NRS category for construction of the building contrary to the rules and regulations of the Board, so complainant is liable to pay the temporary tariffs of electricity and thus opposite party has justified imposition of notice No.1749 dated 14/11/07 upon the complainant for deposit of Rs.11075/- as difference of tariffs under rules of the department and also justified temporary disconnection which was later on restored on deposit of 50% of the disputed amount on 4/1/08 as per order passed by this Forum. Thus there is no question of any deficiency in service on the part of opposite parties.<br /> 4. In support of his version complainant has produced in evidence his own affidavit Ex.C1 and documents Ex.C2 to C6.<br /> 5. On the other hand opposite parties produced in evidence affidavit of M.L.Kaityal Ex.R1 and documents Ex.R2 to R8.<br /> 6. We have heard arguments of learned counsel for the parties and perused ocular as well as documentary evidence on the record. Learned counsel for the complainant has vehemently urged before us that impunged notice dated 14/11/2007 by opposite party NO.1 for payment of Rs.11075/- on the alleged plea of tmporary supply of electric energy is illegal, null and void and contrary to the Section 86(1) of Schedule of Tariff for non residential supply of electricity and Regulations; moreso when admittedly got converted his domestic connection into NRS connection on deposit of security amount of Rs.5100/-. On the other hand it has been counter argued by learned counsel for the opposite party that complainant is liable to pay amount in question as he was found using electricity released under NRS category for construction of building contrary to the rules and regulations of the PSEB and as such demand is justified.<br /> 7. We have considered rival contentions of counsel for the parties. We find considerable merit in the contentions of learned counsel for complainant. From the pleadings of the parties this fact is undisputed that complainant got his domestic connection converted into NRS connection through Khata No.JA-37/556 on deposit of security amount of Rs.5100/-. The dispute lies in narrow compass as to whether opposite party Board is justified to raise higher demand vide impunged notice as a difference of tariff under rules and regulations of the Board vide notice No.1749 dated 14/11/2007 on the mere fact of using electric connection released under NRS category for construction activities of marriage palace. Sales Regulations' Regulation No.34.4 clearly envisages that connections released under domestic and NRS (commercial ) categories shall not be allowed to be used for industrial purpose except in case of small welding set, small lathe electric drill, heater, battery charges, embroidery machine, printing press, ice candy, Dry cleaning machine, power press, small motors in the non residential purposes such as business, houses, cinemas, clubs, public offices, hospital, hotels, departmental stores, shops, guest houses etc. as covered under schedule of tariff applicable to non residential supply. It is, therefore, evident from above No.3.2.4 that raising of construction for marriage palace cannot be construed as aindustrial purpose but fall within the ambit of NRS ( commercial category ) for which complainant had already got connection on deposit of security amount of Rs.5100/- vide Ex.C12. Opposite party Board has therefore, scummed to erroneous interpretation of Regulation No.3.2.4 that NRS connection obtained by the complainant still assume character of temporary connection to fasten the higher taiff upon the complainant for construction activities under Regulation No.9 read with Regulation No.137 for alleged prejudicial use of electric connection for construction purpose. Therefore, we are of the considered opinion that impunged notice dated 14/11/07 for recovery of Rs.11075/- Ex.R2 based on the letter Ex.R3 and Ex.R4 is illegal, null and void being violative of Regulation NO.3.2.4 Ex.C4 and same is hereby quashed. We therefore, accept the complaint and direct the opposite parties to refund 50% of the disputed amount of Rs.11075/- deposited by the complainant in compliance of the order passed by this Forum dated 28/12/2007 alongwith interest @ 9% p.a. from the date of deposit till realisation and further monetary compensation for mental agony and physical harassment on account of deficiency in service and cost of litigation to the extent of Rs.3000/- which would be paid by the opposite parties within a period of one month from the receipt of copy of this order.<br /> Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record rrom.<br /> <br /> Announced : ( Surinder Mittal ) ( A.K. Sharma )<br /> 15.4.2008 Member President.