DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No.221/26.12.2008 Decided on : 18.03.2009 Smt.Rakesh Rani W/o Sh.Adarsh Kumar, Nangal Colony, Water Works Road, Mansa. ..... Complainant. VERSUS Sub Divisional Officer, City, Punjab State Electricity Board, Mansa. ..... Opposite Party. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh.S.K. Singla, Advocate counsel for the complainant. Sh.S.K.Bansal, Advocate counsel for the Opposite Party. Quorum: Sh.P.S.Dhanoa, President. Sh.Sarat Chander, Member. Smt.Neena Rani Gupta, Member. ORDER:- Sh.P.S.Dhanoa, President This complaint has been filed by Smt.Rakesh Rani wife of Sh.Adarsh Kumar, a resident of Mansa, against Punjab State Electricity Board, (in short called the 'board') through its Sub Divisional Officer at Mansa, under Section 12 of the Consumer Protection Act, 1986 (hereinafter called the 'Act'), on the averments, which may, briefly be described as under: 2. That the complainant, has got installed, electric connection bearing Account No.WR35/812, for domestic purposes, in her house. She had been regularly making payment of amount of electricity bills, drawn by the board for consumption of electric energy. As such, she is consumer, Contd........2 : 2 : under the opposite party, who has served notice upon her vide memo No.3330 dated 12.12.2008, raising demand of Rs.18,816/-, on account of theft of electricity. The said notice is illegal, void and liable to be set aside, because the complainant has never tempered with the electric meter installed in her house, nor with its M&T seals. She has never consumed electric energy against the rules and in an unauthorized manner. There is deficiency in service on the part of the opposite party and complainant, has been subjected to physical and mental harassment, as such, the impugned notice is liable to be set aside and they are entitled to pay compensation in the sum of Rs.5,000/- and a sum of Rs.2,000/- on account of costs for filing the instant complaint. 3. On being put to notice, the opposite party filed written version, resisting the complaint, by taking preliminary objections; that this Forum, has no jurisdiction, to entertain and try the complaint, because it is a case of theft of electric energy, as per the report of the Flying Squad of the board dated 8.12.2008, given after checking of the electric meter in the house of the complainant and that complaint being false and vexatious, is liable to be dismissed with compensatory costs. On merits, the factum of installation of electric connection in the name of the complainant is not denied. It has been admitted, that she has been making the payment of electricity bills regularly. However, it is submitted that amount of impugned notice is still out standing, due to allegation of theft of electric energy by breaking the M&T seals of the the meter. It is specifically denied that there is deficiency in service on the part of the opposite party or they are liable to pay any amount on account of compensation for physical and mental harassment and costs incurred for filing the complaint. Rest of the averments made in the complaint, have been denied, and a prayer has been made, for dismissal of the same, with costs. 4. On being called upon by this Forum, to do so, the complainant tendered her affidavit, Exhibit C-1, copy of impugned memo Ext.C-2 and Contd........3 : 3 : copy of checking report Ext.C-3 before her counsel closed the evidence. On the other hand, learned counsel for the opposite party, has closed the evidence, by making a statement, that copy of the checking report, tendered by the complainant, be also read as evidence on their behalf. 5. We have heard the learned counsel for the parties and gone through the oral and documentary evidence, adduced on record, by them, carefully, with their kind assistance. 6. As per admitted facts, electric connection bearing Account No. WR35/812, is installed in the house of the complainant, in her name. The averments made in the complaint that complainant has been regularly making payment have been admitted by the opposite party, as such, she is 'consumer' of electric energy under them. 7. Learned counsel for the complainant Sh.S.K.Singla, Advocate, has submitted that in the checking report it has been alleged that complainant has tempered with the M&T seals, but in the written version, it is submitted that she was found committing theft by breaking M&T seals affixed on her electric meter, as such, stand of the opposite party about the manner in which theft of electric energy was committed by the complainant is self contradictory. Learned counsel further argued, that as per contents of the checking report, electric meter was not removed, packed and sealed and report of M.E. Lab has not been secured and contents of the affidavit of the complainant have gone uncontroverted, because no affidavit of the official who conducted the checking has been filed, as such, impugned notice is liable to be set aside and complainant is entitled to seek compensation for mental and physical harassment and costs on account of amount spent by her for filing the complaint. 8. On the other hand, learned counsel for the opposite party, Sh. S.K.Bansal, Advocate, has contended that complainant has not taken any plea that checking was not done in her presence or in the presence of her representative and that the person who has signed the checking report, after Contd........4 : 4 : receiving the copy thereof, is not related to her by any relationship or otherwise. Learned counsel further argued that tempering of M&T seals was visible by naked eye, therefore, there was no requirement of securing the report of the M.E.lab. Learned counsel argued that in view of the admitted facts, neither non-submission of any affidavit of the checking team can be made a ground for fastening liability upon the opposite party, nor it can be assumed that there is deficiency in service, especially when complainant has failed to appear for personal hearing or to file any objection within the stipulated period despite receipt of notice served upon her after provisional assessment. 9. We do not find merit in the argument advanced by the learned counsel for the opposite party. As per the copy of checking report Ext.C-3, checking of the electric meter of the complainant was done in the presence of one Rohit Garg, whose parentage and address have not found incorporated under his signatures. Since the opposite party has alleged theft of electric energy, therefore, relationship of the person who signed the checking report on behalf of the complainant cannot be assumed on conjectures and surmises alone. As mentioned in the checking report , complainant has tempered with both the M&T seals of her electric meter, but in the written version it is submitted that seals of the meter were found broken by the checking team, as such, this plea taken by the opposite party, regarding the manner in which theft has been committed by the complainant, is not only contradictory, but also self destructive. There is nothing in the checking report that meter was removed and sealed in the presence of the representative of the complainant and the same was checked in her presence and impugned notice, has been issued, on the basis of report of M.E. Lab, as required under the rules of the board on the subject. 10. In the light of our above discussion, we have come to the conclusion that demand raised by the opposite party through the impugned Contd........5 : 5 : memo, is illegal and not sustainable and there is deficiency in service on their part in raising the illegal demand from the consumer, who has been regularly making payment of bills, drawn upon her for consumption of electric energy. Since the complainant, has been subjected to mental and physical harassment, therefore, the opposite party, is also liable to pay compensation and costs for filing the instant complaint. 11. For the aforesaid reasons, we accept the complaint and set aside the impugned notice served upon the complainant raising demand of Rs.18,816/- on account of theft of electric energy. Since the complainant, has been subjected to mental and physical harassment, therefore, the opposite party is also directed to pay an amount of Rs.2,000/- as compensation and costs in the sum of Rs.1,000/-, with further direction to refund the amount of Rs.6500/-, if paid, in terms of the interim order dated 26.12.2008, with interest ,at the rate of 9 percent, from the date of deposit, till the date of actual payment, with the further direction to not to disconnect his electric connection for non-deposit of the amount of the impugned notice. The compliance of this order be made within a period of two months from the date of receipt of the copy of the order. I 12. The copies of the order be supplied, to the parties, free of costs, as permissible, under the rules. The file be indexed and consigned to record. Pronounced: 18.03.2009 Neena Rani Gupta, Sarat Chander, P.S.Dhanoa, Member. Member. President.
