DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No.122/21.08.2008 Decided on : 20.02.2009 Sh.Krishan Singh S/o Sh.Sadhu Singh, resident of Ward No.7, Street No.4, New Court Road, Mansa, District Mansa. ..... Complainant. VERSUS Sub Divisional Officer, Sub Urban, Punjab State Electricity Board, District Mansa. ..... Opposite Party. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh.Desh Bandhu, Advocate counsel for the complainant. Sh.S.K. Bansal, Advocate counsel for the Opposite Party. Before: Sh.P.S. Dhanoa, President. Sh.Sarat Chander, Member. ORDER:- Sh.P.S. Dhanoa, President. This complaint has been filed by Sh.Krishan Singh son of Sh.Sadhu Singh, resident of Ward No.7, District Mansa, against Punjab State Electricity Board, (in short called the 'board'), through its Sub Divisional Officer posted at Mansa, for giving direction to them to restore the electric supply, to his premises and to pay him compensation, in the sum of Rs.20,000/-, as permissible under Section 12 of the Consumer Protection Act, 1986 (hereinafter called the 'Act'). As per averments, made in the complaint, case of the complainant may briefly be described as under: That he got secured electric connection bearing Account Contd........2 : 2 : No.CR71/0930 in his premises and he has been making the payment of electricity bills drawn upon him, by the opposite party, since the date of installation before they served notice upon him dated 10.6.2008 and disconnected his electric connection. As such, he is consumer of electric energy, under the opposite party, consumed through the electric meter installed in his house. Earlier an old meter installed in the house of the complainant, had burnt which was replaced by the opposite party. The electric meter installed inside the premises of the consumers have been installed outside their houses and in terms of the said scheme, the electric meter installed inside the house of the complainant was also installed outside his house. The complainant had earlier made a complaint before the Deputy Commissioner, Mansa against the board for in action on the part of the officials/officers in removal of cable of 66 KVA electric transmission line. In support of the said complaint he has also filed his affidavit and news items were also published in different newspapers at his instance on account of which officials/officers of the board had been bearing grudge against him and to settle the said revenge they have disconnected the electric connection installed outside the house of the complainant and have served the impugned notice raising demand of Rs.30,140/- vide letter No.1949 dated 10.6.2008, without service of any notice upon him, because of which complainant, has been subjected to mental and physical harassment and his children, nephews and niece have suffered, in their studies. Hence this complaint. On being put to notice, opposite party filed written version, resisting the complaint, by taking preliminary objections; that the complainant, has no locus standi and cause of action, to file the complaint; that this Forum has no jurisdiction to entertain and try the complaint, because it pertains to theft of electric energy and complaint, being false and vexatious, is liable to be dismissed with compensatory costs of Rs.5,000/-. On merits, it is submitted, that electric meter, installed in the house of the Contd........3 : 3 : complainant, was replaced and checked in the M.E. Lab in his presence and was found that he had tempered with both the seals because of which a notice, has been served upon him, in the sum of Rs.30,140 vide letter No.1949 dated 10.6.2008, on account of theft of electric energy. After checking the meter removed from the house of the complainant in the M.E.lab, it was packed and sealed, but the complainant did not receive the notice intentionally, although it was sent to him through the officials of the board and through post. As he failed to appear before the opposite party for personal hearing, therefore, his electric connection was disconnected, as he started entering into quarrel with the officials of the board. Rest of the allegations, made in the complaint, have been denied, and a prayer has been made, for dismissal of the same, with costs. On being called upon, by this Forum, to do so, learned counsel for the complainant furnished his affidavit Ext.C-1 and C-6 and copies of documents Ext.C-2 to C-5 and closed evidence on his behalf. On the other hand, learned counsel for the opposite party produced Exts.OP-1 to OP-5 and closed evidence on their behalf. We have heard the learned counsel for the parties and perused the oral and documentary evidence, adduced on record, by the parties, carefully, with their kind assistance. At the outset, learned counsel for the complainant, Sh.Desh Bandhu, Advocate, has submitted that electric connection, has been installed, in the house of the complainant and, has been disconnected and illegal demand has been raised by the opposite party, due to previous enmity between him and the officials of the board, because of filing of complaint to the Deputy Commissioner, Mansa for their in action to remove the 66 KVA transmission line, which had been lying too low imposing danger to the life of the general public. In this regard, learned counsel, has drawn our attention, to copies of news articles and his affidavit filed before the Deputy Commissioner, Mansa by the complainant Contd.......4 : 4 : Learned counsel, has submitted that no reason, has been given in the notice served upon the complainant, for removal of the meter installed outside his house and criteria for slow running of the meter, has not been disclosed, by the opposite party and they have not even mentioned this fact, in the written version filed by them. Learned counsel further submitted, that no notice, has been served upon the complainant, before raising the demand and the name of the person, who refused to append his signatures, on the checking report, on behalf of the complainant, has also not been disclosed. Learned counsel submitted that electric meter, has not been sealed in the presence of the complainant or his representative and the complainant, has appeared before the M.E. Lab on the date fixed on the basis of a telephonic call received by him from the office of the opposite party and his signatures, were secured on visitor book. Learned counsel argued, that in case the complainant, had quarreled with the officials of the board, at the time they went to disconnect the electric supply, to his house and to remove the electric meter, they were expected, to file some complaint before the board or any other authority, but no document, has been placed on record by them in this respect. Learned counsel, has further submitted, that the Executive Engineer, who checked the meter installed in the house of the complainant, has not appeared inspite of being summoned by this Forum, as such, adverse inference, has to be drawn against the opposite party, that he was not in a position to deny the allegations made by the complainant. Learned counsel argued that in view of the above said facts, complaint is liable to succeed and direction be given to the opposite party, not to disconnect the electric connection restored in terms of the interim order passed in the present complaint and complainant is entitled to compensation for physical and mental harassment suffered by him and costs incurred by him for filing the instant complaint. On the other hand, learned counsel for the opposite party, Sh. S.K.Bansal, Advocate, has submitted that the previous meter installed Contd.......5 : 5 : in the house of the complainant, has not burnt, but the same was removed, placed and sealed in his presence, because he tempered with the seals thereof and new meter, was installed outside his house. Learned counsel, has also submitted that notice, has been duly served upon the complainant and he personally appeared, in the office of the M.E. Lab, at the time of checking of his previous meter and he has not lodged any protest in this regard. Learned counsel further submitted that report given by the M.E. Lab and action in terms thereof taken by the opposite party, cannot be said to be illegal or arbitrary, on the basis of the news items or affidavit, stated to have been filed, for raising the height of 66 KVA electric transmission line, because the complainant, has not got produced any record maintained in that connection, in the office of the Deputy Commissioner, Mansa. Learned counsel argued that complaint, being false and vexatious, is liable to be dismissed, with compensatory costs. We find merit in the arguments, advanced by the learned counsel for the opposite party. As per copy of MCO Ext.OP-5, previous meter bearing seal No.7136, installed in the house of the complainant, was replaced on 27.12.2007. As per contents of the said documents, the meter was removed, packed and sealed in the presence of the complainant, but he refused to affix his signatures. The opposite party, has also produced on record, copy of report of M.E. Lab dated 2.5.2008 Ext.OP-3, showing that previous meter, bearing seal No.7136, removed from the house of the complainant, was checked in his presence. The complainant, has not denied his presence in the M.E.lab at the time of checking of the electric meter removed from his house. The plea of the complainant, that his signatures, were secured on the visitor book, is not corroborated by any other evidence. As such, no significance can be attached to it by us. Even otherwise, the opposite party, has also produced on record, postal receipts Ext.OP-4 showing the dispatch of notice addressed to the complainant. They have also produced on record copy of notice, dated 10.6.2008 Contd.......6 : 6 : Ext.OP-1 served upon the complainant, asking him to file reply and to project his case, within a period of 7 days and to deposit a sum of Rs.30,140/- in terms of provisional assessment made by the Assessment Officer, but he has failed to avail the opportunity afforded to him for the reasons best known to him. The opposite party, has further produced on record copy of order of disconnection of electric meter installed in the premises of the complainant Ext.OP-2.As per a note given in the said document, the complainant started quarreling with the officials of the board when they went to his house to remove his electric meter on 18.8.2008. The above said document cannot be said to have been forged by the officials of the board. The complainant has produced on record copy of bill and receipt Ext.C-2 and C-3 showing that he had deposited the amount of bill in the sum of Rs.5160/- on 22.7.2008 for the period 13.3.2008 to 7.7.2008. Since the previous meter installed in the house of the complainant, has been changed on 27.12.2007, therefore, making of payment of electric energy consumed by him through the new electric meter installed in his house for the earlier period, does not demolish the case of the opposite party. He has also produced on record the copies of newspapers articles published in the local dailies and copy of his affidavit. As per these documents, the complainant, had shown his concern against inaction on the part of the official/officer of the board for removal of 66 KVA electric transmission line through the vicinity imposing danger to the lives of general public. The complainant has not made any personal allegation against the official/officer of the board damaging their reputation as public servant in news items Ext.C-4 & C-5 published at his instance. As such, there was no rhyme or reason for them to initiate action against him with malafide intention, if he had not tempered with the electric meter installed in his house. Moreover, the complainant has not made any attempt to ensure production of record maintained in the office of the Deputy Contd.......7 : 7 : Commissioner, Mansa concerning his complaint. As such, much reliance cannot be placed on his affidavit and news items produced on record by the complainant to hold that false case has been planted upon him by the officials /officers of the board. As discussed above, we are constrained to hold that the electric meter installed in the house of the complainant, has been checked in the presence of the complainant in the M.E.lab. In the peculiar facts and circumstances of the case, we are of the considered opinion that action taken by the opposite party in service of notice directing the complainant to deposit the amount for electricity consumed through his old meter by tempering with the seals in illegal manner, does not warrant indulgence of this Forum, especially when, even despite receipt of notice, he has failed to appear before the competent authority for personal hearing and to deposit the requisite amount within the period stipulated in the notice. For the aforesaid reasons, we are constrained to hold that there is ' no deficiency in service' on the part of the opposite party. Therefore, no ground is made out for grant of compensation to the complainant. Resultantly, we have come to the conclusion that instant complaint is liable to be dismissed. In the light of our above discussion, we dismiss the complaint and leave the parties to bear their own costs. The copies of the order be supplied, to the parties, free of costs, as permissible, under the rules. File be indexed and consigned to record. Pronounced: 20.02.2009 Sarat Chander, P.S.Dhanoa, Member. President.
