Brief facts of the complaint are that complainant is having electric connection bearing A/C No. EA-19/598 which is installed in his residential house situated in Village Bhadas, Tehsil Bholath, District Kapurthalal and she has been paying the electricity bills regularly. It is further alleged that she was shocked to receive notice No.770 dated 22/6/2009 for recovery of penalty amount of Rs.29096/- slapped by the opposite parties upon the complainant is totally illegal, vague and against rules as the complainant has never committed any theft of energy as alleged by the opposite parties. Moreover, no checking as alleged has ever been conducted by the officials of the opposite parties nor signatures of complainant or her representative were obtained on the alleged checking.. It is further averred that complainant used to remain in her house at all the times as her husband is living abroad and she is living in her residential house alongwith her minor children and no male member is there in her house except minor school gong children. Hence it is difficult for the complainant to know about the technicalities of the meter and wires and to commit any alleged theft.Hence there is deficiency in service on the part of opposite parties.

2. Notice of the complaint was sent to the opposite parties who appeared through counsel and filed written statement in which it is pleaded that electric connection of the complainant was checked by SDO Hamira in the presence of complainant on 11/6/2009 and found that complainant was committing theft of energy by way of joining wire from incoming wire of meter and uniting it with kitkat after bye-passing the meter after putting main switch on off side, so that meter may not record any consumption. He has further argued that complainant received copy of checking report and demand of Rs.29096/- was raised by the opposite parties to the complainant vide memo No.770 dated 22/6/2009 as per standing instructions of the department. And a separate letter vide memo No. 772 dated 22/6/2009 was also sent to SHO, Anti Theft PSEB, Shakti Sadan, Jalandhar for registration of a case against the complainant. and a such there is no deficiency in service on the part of opposite parties.

3. In support of her version complainant has produced in evidence affidavits and documents Ex.C1 to C5.

4. On the other hand opposite parties produced in evidence affidavits and document Ex.R1 to R4.

5. 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 the complainant is that notice No.770 dated 22/6/2009 for recovery of penalty amount of Rs.29096/- slapped by the opposite parties upon the complainant is totally illegal, vague and against rules as the complainant has never committed any theft of energy as alleged by the opposite parties. Moreover, no checking as alleged has ever been conducted by the officials of the opposite parties nor signatures of complainant or her representative were obtained on the alleged checking.. Counsel for complainant has further argued that complainant used to remain in her house at all the times as her husband is living abroad and she is living in her residential house alongwith her minor children and no male member is there in her house except minor school gong children. Hence it is difficult for the complainant to know about the technicalities of the meter and wires and to commit any alleged theft.

On the other hand counsel for the opposit party PSEB has argued that electric connection of the complainant was checked by SDO Hamira in the presence of complainant on 11/6/2009 and found that complainant was committing theft of energy by way of joining wire from incoming wire of meter and uniting it with kitkat after bye-passing the meter after putting main switch on off side, so that meter may not record any consumption. He has further argued that complainant received copy of checking report and demand of Rs.29096/- was raised by the opposite parties to the complainant vide memo No.770 dated 22/6/2009 as per standing instructions of the department. And a separate letter vide memo No. 772 dated 22/6/2009 was also sent to SHO, Anti Theft PSEB, Shakti Sadan, Jalandhar for registration of a case against the complainant. and a such there is no deficiency in service on the part of opposite parties.

6. We have considered rival contentions of counsel for the parties. No doubt allegation of theft of electricity was levelled against the complainant by the opposite parties in respect of electric connection No.EA-19/598 installed in the house of the complainant situated at village Bhadas, Tehsil Bholath, district Kapurthala and consequent issuance of impunged memo No.770 dated 22/6/2009 to her by the opposite parties vide Ex.C3. Complainant has refuted the allegations of theft of energy and assailed impunged memo on account of victimization at the hands of officials of the Board. Complainant vide affidavit Ex,.C1 has denied that any checking with regard to her premises was made by the opposite parties. No signatures of complainant or her representative were obtained on any document. Admittedly checking report Ex.R2 dated 11/6/2009 does not bear signatures of complainant or her representative but there is only refusal to sign It has been alleged by the checking officer on the checking report Ex.R1 that complainant was committing theft of energy by way of joining wire from incoming wire of meter and uniting it with kitkat after bye-passing the meter and complainant was committing theft of energy. The checking officer has simply narrated that yellow colour wire was taken into custody.

Evidently we find infringement of clause -3 sub clauses (e) (f) (g) (h_ of CC No.53/2006 because no copy of inspection report whatsoever, was pasted . Even no opportunity of personal hearing was afforded. There is also no corroborative evidence of incriminating articles i.e. change over switch allegedly used in stealing energy. Mere allegations of stealing energy by the officials of PSEB is not suffice to establish the same. No incriminating articles used by the complainant in stealing energy was taken into custody as corroborative piece of evidence as per checking report Ex.R1.

In the ultimate analysis of aforesaid discussion, we quash the impunged memo No.770 dated 22/6/2009 Ex.C3 for recovery of Rs 29096/-. being illegal, null and void and contrary to the provisions of Electricity Act, 2007 and instructions of PSEB. We also direct the opposite parties to pay monetary compensation amounting to 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.

Let certified copies of order be supplied to the parties without unnecessary delay and file be consigned to record room.

Announced : Gulshan Prashar Shashi Narang Paramjit Singh

31.8.2009 Member Member President.