Instant complaint has been filed under Section 12 of the Consumer Protection Act, 1986 as amended upto date by complainants Jasbir Singh and Mehanga Singh against opposite parties i.e. PSEB through its Chairman and also through its Assistant Executive Engineer Sub Division Bholath District Kapurthala .<br /> 2. Brief facts in the complaint are that complainant No.2 got installed an electric connection bearing No.DF 78/0301 for his residential house at Village Fatehpur, Sub Division Bholath District Kapurthala and has been paying electricity bills regularly. It is further alleged that complainants have constructed their new dwelling house and approached opposite party No.2 and asked to install a new electric meter in their newly constructed house or shift the meter already installed in their old house to newly constructed house.they also submitted their file for the said purpose and fulfilled all the requisite formalities. Complainant has now assailed letter bearing No. 208 dated 22/2/2007 issued by opposite party No.2 for depositing Rs.17055/- for theft case and another registered memo No.488 dated 20/4/2007 which allegation has been refuted. Even another fresh memo No.1718 dated 6/11/2007 was issued to him for deposit of Rs.35255/- exaggerated from the previous demand amounting to Rs.17055/- without any legal and cogent ground. Opposite party PSEB was requested to withdraw the said illegal demand and also not to disconnect the residential electric connection of the complainant with further monetary compensation for inconvenience and harassment.<br /> 3. Opposite parties appeared, controverted allegations of the complainant and resisted his claim. Locus standi to file the present complaint by complainant No.1 has been challenged as he is not consumer of the opposite parties nor he applied for getting connection nor he deposited any security for getting connection as per clause 5.2 of Electricity Supply Code and Related Matters Regulations 2007 of PSEB. On merits, it is however pleaded that on visit of concerned JE Jaswinder Singh to the building of complainant NO.1 under construction it was found that he wa using machine for grinding chips with two BHP motor after joining joining wire from PVC directly with the private wire and there was no connection in the premises and thus complainant No.1 was committing theft of energy for which he was slapped amount of Rs.35255/- as penalty. Copy of checking was given to the complainant at the spot but he refused to sign the checking. Opposite party Board is therefore, justified to recover penalty amount from the complainant for committing theft of electric energy.<br /> 4. In support of his version complainant has produced in evidence affidavit of Jasbir Singh Ex.CA.<br /> 5. On the other hand opposite parties produced in evidence affidavits and documents Ex.R1 to R7.<br /> 6. We have heard arguments of learned counsel for the parties and perused ocular as well as documentary evidence on the record.The main plank of arguments of learned counsel for opposite party Board is that complainant No.1 being not consumer of the opposite parties has no locus standi to file this complaint against PSEB. Since he was committing pilferage of electricity by illegal means, opposite party is well justified to recover penalty amount besides filing criminal case against him. Counsel for complainant has urged that complainant No.3 had already electric connection installed in his house and further denied the allegation of theft of electric energy.<br /> 7. We have considered rival contentions of counsel for the parties. . We find considerable merit in the contentions of learned counsel for the opposite parties to hold that complainant No.2 is not consumer of the PSEB. Complainant has not filed even a single document to establish that he is consumer of electricity on payment of electricity bills or as beneficiary. There is stark allegation of pilferage of electric energy that complainant No.1 was extracting electric energy by by using machine for grinding chips with two NHP motor after joining joining wire from PVC directly with the private wire and there was no connection in the premises. The checking report Ex.R5 dated 27/1/2007 besides affidavit of Er.Jaswinder Singh JE vide Ex.R4 and also complaint dated 30/1/2007 to the Police Station Bholath has also been adduced.. The penalty amount of Rs.35255/- has also been slapped upon the complainant No.1 vide memo No.97 dated 7/8/07 Ex.R1. Therefore, we hold that there is no relationship of consumer and service provider between complainant No.1 and PSEB. Complainant No.2 is no doubt a consumer but no action is sought against him by the PSEB.<br /> In the ultimate analysis of aforesai discussion finding no merit in this complaint, same is hereby dismissed with no order as to costs. <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 : ( Surinder Mittal ) ( A.K. Sharma )<br /> 19-6-2008 Member President.<br />