Brief facts of the complaint are that complainant complainant is consumer of the opposite parties having electric connection bearing A/c No. KN-46/0766 NPS installed at the shop situated at Dhilwan road, Village Nadala, Kapurthala and complainant is paying the bills regularly. The complainant has rented the said shop to Sanjay son of Kesar Dass resident of Ward No.10, Bholath, Kapurthala on 1/11/2008. That on 1/1/2009 staff of the opposite party came to the shop of complainant and demanded illegal gratification and stated that theft cas would be registered against the complainant in the event of failure to pay illegal gratification. to which tenant of complainant refused . The tenant of the complainant received a notice on 8/1/2009 for demand of Rs.33425/-. That on 8/1/2009 officials of the opposite parties came to the shop of complainant and forcibly disconnected the electric connection and removed the electric meter. Opposite parties failed to restore the electric connection of the complainant despite so many requests which amounts to deficiency in service on their part against which complainant is entitled to the reliefs claimed.<br /> 2. Opposite parties appeared through counsel and filed written statement in which certain preliminary objections have been raised that complainant has got no cause of action and locus standi to file the present complaint. Complainant is using the electric connection in question for commercial purpose. and as such complainant is not consumer. That complainant has not approached this Forum with clean hands and has suppressed true and real facts from this Forum. It is further pleaded hat electric connection installed in the shop was checked by the officials of the opposite parties on 1/1/2009 and found that complainant was using electricity supply by connecting a white flexible wire by connecting the same with the main supply line of the Board direct from the service joint and as per rules and instructions of the Board, amount of Rs.33425/- as compensation charges for theft of electricity and amount of Rs.33425/- as compensation for theft of electricity vide provisional order dated 2/1/2009 was rightly imposed as per rules and instruction of opposite party. Thus there is no deficiency in service on the part of opposite party and complainant is not entitled to claim any relief.<br /> 3. In support of his version complainant has produced in evidence affidavits Ex.CA and CB and documents Ex.C1 to C9.<br /> 4. On the other hand opposite parties produced in evidence affidavits Ex.R1 and r2 and documents Ex.R3 to R8.<br /> 5. we have heard arguments of learned counsel for the parties and perused ocular as well as documentary evidence on the record. Learned counsel for the complainant has argued before us that complainant is consumer of opposite parties having electric connection bearing A/C No. KN-46/0766 NPS installed at his shop situated at Dhilwan road, Village Nadala and has rented the said shop to Sanjay son of Kesar Dass r/o Ward No.10, Bholath Counsel for complainant has further argued .that on 1/1/2009 staff of the opposite party visited the shop of complainant and demanded illegal gratification failing which threatened to register theft case against the complainant. The tenant of complainant refused to give illegal gratification to the officials of the opposite parties and tenant of complainant received a notice on 8/1/2009 for demand of Rs.33425/-. That on 8/1/2009 officials of the opposite parties came to the shop of complainant and forcibly disconnected the electric connection and removed the electric meter. Counsel for the complainant further argued that tenant Sanjay alongwith members of his family depend upon earning of his shop and has requested to deride the complaint due to deficiency in service on the part of opposite parties.<br /> On the other hand counsel for opposite parties argued that complainant is using electric connection under NRS category for commercial purpose and complainant is not consumer. Hence complaint is liable to be dismissed. He has further argued that electric connection installed in the shop was checked by the officials of the opposite parties on 1/1/2009 and found that complainant was using electricity supply by connecting a white flexible wire by connecting the same with the main supply line of the Board direct from the service joint and as per rules and instructions of the Board, amount of Rs.33425/- as compensation charges for theft of electricity was raised to the complainant vide notice of provisional order dated 2/1/2009. Hence complainant is not entitled to claim any relief and complaint is liable to be dismissed.<br /> 6. We have considered rival contentions of counsel for the parties. Admittedly Sanjay son of Kesar Dass resident of Ward No.10, Bholath, Kapurthala is tenant of the complainant and is using the eletricity from the electric connection bearing A/C No. KN-46/0766 for commercial purpose for his livelihood and is beneficiary of the complainant and has been paying the electricity bills to the opposite parties and there is no arrear due towards the complainant on account of electricity consumption charges. In order to prove their ase, opposite parties have produced checking report dated 1/1/2009 Ex.R4 duly supported by affidavit of Balwinder Singh SDO Ex.R1 and affidavit of Rakesh Kumar JE Ex.R2 and as per the record, complainant was found using electricity supply by connecting white flexible wire with the main supply line of the Board and at the time of checking of the connection, Amarpal Singh representative of complainant was also present at the spot who signed the checking report in view of the facts and findings recorded by the checking party vide checking registration NO.104 page No.10 dated 1/1/2009 Ex.R4. Ex.R5 is the assessment order dated 2/1/2009 for unauthorized use of electricity under section 126 of the Electricity At, 2003 raising demand of Rs.33425/- to the complainant on account of theft of electricity committed at the shop of the complainant.. Ex.R7 is the copy of TDCO No. 70547 dated 1/1/2009 regarding disconnection of connection of complainant. We do not find any illwill smack of opposite parties with the complainant or with his tenant and in these circumstances it cannot be ascertained opposite parties have to fabricate false case of theft of electricity against the tenant of complainant<br /> In the ultimate analysis of aforesaid discussion finding no force in the complaint, same is hereby dismissed with no order as to costs.<br /> Let certified copies of order rendered be supplied to the parties without unnecessary delay and thereafter file be consigned to record room.<br /> <br /> Announced : Gulshan Prashaar Paramjit Singh<br /> 21.5.2009