criminal offence has to be established<br /> by preponderance evidence beyond doubt.<br /> The complainant may or may not prove<br /> his innocence but the case of opposite <br /> <br /> -6-<br /> party must stand on its own legs. <br /> In this case opposite party PSEB <br /> must stand on its own leg."<br /> In this case, the opposite parties have failed to prove its case <br /> beyond reasonable doubt. Mere allegation of pilferage of electricity by the officials of the opposite parties is not suffice to establish the same without producing any incriminating articles i.e. service wire allegedly joined by the complainant in stealing energy which were not taken into possession at the time of alleged occurrence. There is no corroborative piece of evidence though at the time of filing written statement, opposite party came with improved version. <br /> 8. Certain preliminary objections have been raised by the opposite parties that this Forum has no jurisdiction to entertain the case of theft of electricity. The matter has since been settled by the Hon'ble National Commission in a case reported as Jharkhand State Electricity Board Vs. Anwar Ali CPC (2) 2008 page 491 wherein it has been clearly held that :-<br /> "Jurisdiction of Consumer Forum to decide<br /> the dispute of electricity including theft<br /> and deal with grievance of consumer in<br /> case of deficiency in service by the <br /> electricity suppliers vests with them."<br /> In the ultimate analysis of aforesaid discussion, we quash <br /> memo No. 1187 dated 1.8.2008 vide which complainant was asked to <br /> -7-<br /> deposit the amount of Rs.21,883/- on account of charges of theft of electricity is quite illegal, null and void and and contrary to the provision of Electricity Act 2007 and instructions of PSEB. We also direct the opposite parties to pay to the complainant monetary compensation of Rs.2000/- for deficiency in service and for causing mental agony and physical harassment besides Rs.1000/- as cost of litigation within 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 room.<br /> <br /> Announced : ( Gulshan Prashar) (Paramjit Singh )<br /> 17.2.2009 Member President.