DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Complaint No. CC/010/18 of 8.1.2010 Decided on: 20.8.2010 Isher Singh aged about 45 years S/o Sh.Babu Singh Resident of Ranjit Avenue, village Chaura, Tehsil and District Patiala. -----------Complainant Versus 1. Punjab State Electricity Board through its Secretary, The Mall, Patiala. 2. Assistant Executive Engineer, Operation Sub Division, Punjab State Electricity Board, Bahadurgarh, District Patiala. ----------Opposite parties. Complaint under Sections 11 to 14 of the Consumer Protection Act. QUORUM Sh.Inderjit Singh, President Smt.Neelam Gupta, Member Present: For the complainant: Sarv Sh.J.S.Jindu & P.S.Jaggi Advocates For opposite parties: Sh.P.S.Walia, Advocate ORDER SH.INDERJIT SINGH, PRESIDENT Complainant Isher Singh 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 is a consumer of Punjab State Electricity Board having domestic connection running in his name bearing account No. NF 09/2372 under the office of opposite party no.2. That the complainant has applied for new domestic connection and the domestic connection was released to the complainant on 11.8.2009.The opposite party no.2 has not issued any bill to the complainant till date. That the meter has been installed by the opposite party no.2 outside the house of the complainant and at a pole in the street. The meter has been installed in the meter cup board. The opposite party no.2 has not affixed the M.T.seals and MCB seal, while installing the meter and the same has not been affixed till date. That the opposite parties have issued provisional order of assessment under Section 135 of Electricity Act 2003 vide memo No.2528 dated 24.12.2009 which has been received by the complainant on 4.1.2010, regarding account No.NF 09-2372 and assessment has been intimated amounting to Rs.20551/- +Rs.9000/- compounding charges of theft of energy. It has been mentioned on the order of assessment as under:- “ Committing theft of energy by by-passing the meter”. That the order of assessment has been issued without any basis . No site report of checking of any authority has been attached with this order of assessment. That the false allegations have been leveled against the complainant and the complainant had never committed theft of energy as has been alleged in the notice raising demand. That no site report has been handed over to the complainant or any of his representative. The signature of the complainant have not been obtained on any such site report. No such site report has been annexed with the order of assessment dated 24.12.2009. That after receiving the order of assessment dated 24.12.2009, the complainant went to the office of opposite party no.2 and requested that he has never committed theft of energy and nobody has inspected his premises and also requested to withdraw the order raising demand of Rs.20551/-+Rs.9000/- compounding charges. The opposite party no.2 flatly refused to withdraw the demand and further threatened disconnection of the connection of the complainant, in case the amount raised in the notice is not deposited. That the opposite party no.2 has charged Rs.9000/- as compounding charges, for which he is not competent. The action of the opposite party no.2 is arbitrary and illegal. That the above actions and orders of the opposite parties are illegal, null and void, ultravirus, malafide, without jurisdiction, against the principles of natural justice and against and contrary to the rules, regulations and instructions of the department in this regard. That the complainant has been facing mental pain, agony and great inconvenience has been caused to the complainant due to the acts of the opposite parties. He is entitled to the compensation to the tune of Rs.20000/-on this account. That it is a case of gross deficiency on the part of the opposite parties. 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 denied that the M.T. & M.C.B seals have not been affixed. The facts are that the premises of the complainant were checked on 22.12.2009 by Er.Bhadur Singh,A.E.E. alongwith Er.Satpal Singh A.E.E.Ghanour-2 Sub Division P.S.E.B. and the consumer was found committing theft of electric energy by opening the meter plate of the meter installed in the meter box and was thus getting electric supply directly. Both the wires were put in the main terminal and meter was stopped although the electric supply was running. The consumer did not show the bill at the spot. The sanctioned load of the consumer is 3 K.W. as per the record of the Board. The checking report was duly prepared at the spot as per the existing position found at the spot. The checking was done in the presence of the consumer who remained present through out the checking at the site and refused to sign the checking report. The copy of the same was also given to him at the spot. The letter has been issued U/S 135 of the Electricity Act,2003 and the complainant is also liable to pay Rs.9000/- for compounding the criminal offence. The order of assessment has been as per rules of the Board. It is denied that the complainant had never committed theft of energy. It has been clearly mentioned in the checking report how the theft was being committed and copy of the same was given at the spot. The demand can not be withdrawn. It is denied that amount has been assessed in an illegal and arbitrary manner and against the provisions of the regulations. It is denied that action of the opposite party no.2 is arbitrary and illegal. It is denied that above actions and orders of the opposite parties are illegal, null and void, ultravirus, malafide, without jurisdiction against the principles of natural justice and against and contrary to the rules, regulations and instructions of the department in this regard. There is no deficiency on the part of opposite parties. 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 parties filed the written arguments. We have gone through the same and have also heard the learned counsel for the parties. 6. The whole case of the opposite parties is dependant upon the alleged checking report dated 22.12.2009, Ex.R1 and on the affidavits, Exs.R3 of Er.Taranjit Singh, AAE and R4 of Er.Bhadur Singh,AEE. A perusal of the checking report, Ex.R1 indicates that it does not include signatures of either the complainant or her representative. The report has also not been authenticated by any respectable person of the locality to confirm its veracity. Further more there is no evidence of a copy of this report having been given to the complainant. Under these circumstances the checking report in its present shape is against the rules and regulations of the opposite parties and it therefore, cannot be relied upon. On this point we are supported by the authority Punjab State Electricity Board, Faridkot Vs. Sarwan Singh 2008(1) CLT 237. 7. In view of the foregoing discussion we are clearly of the view that the opposite parties have failed to establish their case of theft of electricity on the part of the complainant. We are also of the clear view that the opposite parties have unnecessarily drawn the complainant into prolonged litigation. 8. As a result we hold the demand to be unjustified amounting to deficiency of service and quash the same with Rs.1000/- as costs of the complaint to be paid by the opposite parties to the complainant within a period of one month from the receipt of the copy of the order. The copy of this order be sent to the parties as per rules. File be consigned to the record. Pronounced. Dated:20.8.2010. President Member
| | Mr. Amarjit Singh Dhindsa, Member | HONABLE MR. Inderjit Singh, PRESIDENT | Smt. Neelam Gupta, Member | | 
