8. We have considered the rival contentions of learned counsel for the parties. We do not find any merit in the contention raised by learned counsel for the opposite parties and find substance <br /> -5-<br /> in the contention of the counsel for the complainant. As per record, the electric connection No. XIIFA370600L is running in the name of Nirmal Singh son of Bhajan Singh who is residing abroad since long, handed over his house to his brother Gurmail Singh the present complainant to manage it. The complainant Gurmail Singh is availing electric energy on payment of energy charges for his use who is beneficiary of his brother. He is, therefore, "Consumer" under the Opposite parties and is covered under the definition of "Consumer" as per Section 2(d)(ii) of the Consumer Protection Act, 1986 amended 2002. <br /> 9. Further as per clause 36 of Electricity Supply Code and Related Matters Regulations, 2007, the following procedure in an unauthorized use of electricity is required to be followed as under:- <br /> (c) If on inspection of the premises/area and/or scrutiny of the records, the Assessing Officer comes to the conclusion that the person is indulging in unauthorized use of electricity, he will prepare an inspection report inter alia indicating connected load, condition of seals and meter and also giving details of evidence substantiating the unauthorized use. The Assessing Officer will wherever possible photograph/videograph the means of such unauthorized one.<br /> d) The inspection report will be signed by the Assessing Officer and a copy handed over to the person/consumer or his/her representative present at site. In case of refusal to accept the report, a copy of the inspection report will be pasted at a conspicuous place in/outside the premises and another sent under registered post. The <br /> inspection Report may also be signed by the person present at site<br /> 10. Ex.R3 is the checking report of checking done by Er. Kulwant <br /> -6-<br /> Singh A.E.E. of the opposite parties Board supported by his affidavit Ex.R2 related to electric connection of consumer on 10.3.2008. In the checking report connected load has not mentioned details of evidence substantiating unauthorized use of electricity has not been given. The checking report has not been got signed by the person present on the spot. There is no evidence on the record that certified copy of checking report handed over to the person/complainant or his representative present on the spot or in case of his refusal to accept the report, a copy of the same was pasted at conspicuous place in/outside the premises and another sent under registered post.<br /> 11. Under these circumstances the checking carried out, if any, by S. Kulwant Singh A.E.E. of the respondents Board appears to be doubtful and checking report Ex.R3 seems to be in distinct. Hence cannot be relied upon. So much so the proper procedure with regard to checking the connection of the consumer and assessment of electricity charges by the opposite parties as laid down in Electricity Supply Code Regulations, 2007 has not been followed respondents Board to demand Rs.34811/- as sundry charges.<br /> 12. The higher tariff charged in the impugned bill dated 24.6.2008 of the consumer in the column of sundry charges is contrary to the various provisions of Electricity Supply Code and Related Matters Regulations, 2007and against the facts placed on record. <br /> 14. In view of our aforesaid discussions, finding merit in the complaint, the same is hereby accepted by quashing the demand of Rs.34811/- vide bill Ex.R3 with a direction to the <br /> -7-<br /> opposite parties to rectify the bill dated 24.6.2008 and further award monetary compensation of Rs.5000/- on account of deficiency in service on the part of opposite parties Board besides Rs.3000/- as costs of litigation payable within one month from the receipt of copy of this judgment. Let certified copy of the judgment be sent to the parties through registered post free of costs without any delay. File be consigned to the record room.<br /> <br /> Dated: Gulshan Prashar Paramjit Singh<br /> 19.11.2008 Member President<br /> <br />