DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.<br /> <br /> Complaint No.122 of 3.04.2006<br /> Decided on: 4.12.2007<br /> <br /> <br /> Ram Singh son of Veer Singh resident of Vill.Rampur Parta, PO Badshah Pur, Tehsil Samana, District Patiala.<br /> <br /> -----------Complainant<br /> <br /> Versus<br /> <br /> 1. Punjab State Electricity Board, through its Chairman, Head office, <br /> Patiala.<br /> 2. Assistant Engineer, Operation Sub Division, Punjab State Electricity <br /> Board Badshahpur, District Patiala.<br /> 3. Mukhtiar Singh J.E.,P.S.E.B, Badshahpur, District Patiala.<br /> <br /> <br /> <br /> ----------Opposite parties.<br /> <br /> <br /> Complaint under Sections 11 to 14 of the<br /> Consumer Protection Act.<br /> <br /> QUORUM<br /> <br /> Sh.Inderjit Singh, President<br /> Smt.Paramjit Kaur, Member<br /> <br /> <br /> Present:<br /> For the complainant: Sh.Sameer Gupta, adv.<br /> For opposite parties: Smt.Puja Puri, adv.<br /> <br /> <br /> <br /> <br /> ORDER<br /> <br /> SH.INDERJIT SINGH, PRESIDENT<br /> <br /> Complainant, Ram Singh has brought this consumer complaint under Sections 11 to 14 of the Consumer Protection Act,1986 as amended up to date ( hereinafter referred to as the Act) against the opposite parties fully detailed and described in the head note of the complaint.<br /> 2. As per averments made in the complaint the case of the complainant is like this;<br /> That the complainant has four connections of electricity currently in his name which bear the following A/c Nos.(i) HF 39/1892 pertaining to residential connection, (ii) UF 32/2732 pertaining to residential connection, (iii) H 474 pertaining to connection for tubewell of <br /> 7 ½ BHP, (iv) H 357 pertaining to connection for tubewell of 7 ½ BHP.That the complainant has been made a target of political rivalry in the village in as much as all of his above said connections pertaining to electricity supply have been disconnected without sensible cause or reason. That a transformer was installed in the fields near the electric motor of the complainant about 8/9 months back and the same is still not in working condition. That pertaining to the residential connection the complainant was informed that the same does not even stand entered in the record of electricity board since its previous disconnection whose bill already stands paid as early as 21.12.2005.That when contacted the complainant was informed that his connections cannot be revived since he has taken pains to make complaints against one SDO Mr.Chopra and opposite party No.3 and because of this reason the complainant cannot be granted any relief by the Punjab State Electricity Board. That the complainant is suffering because of step motherly treatment being meted out to him at the hands of the opposite parties. Hence this complaint.<br /> 3. Notice of the complaint was given to the opposite parties who appeared and filed the written reply contesting the claim of the complainant. It is denied that any of the connection of the complainant was disconnected due to any political rivalary or without any reason as alleged .It is denied that the transformer is not in working condition. The complainant has concealed the correct facts. Moreover, the dispute in the present case relates to AP connection. The S.D.O.Mr Chopra had already been transferred on the date of checking i.e. 20.12.2005.The connection was not checked by S.D.O. Mr.Chopra but by Er.Gurjant Singh and concerned J.E.of the Sub Division,jointly.So the allegations are absolutely false and the same have been manipulated to file the present complaint against the board. There is no question of any step motherly treatment with the complainant. The allegations are absolutely false. The facts of the present case are that the connection of the complainant was checked on 20.12.2005 by Er.Gurjant Singh S.D.O. of the concerned SubDivision and concerned J.E. (A.P.connection).The checking officers found at the site that the complainant was committing the theft of electricity energy i.e. directly from the 100 K.V.A.transformer of Patwarian Wala by making kundies for using the motor of 5 B.H.P. and was committing the theft of electricity energy. The wire with which the complainant was using the direct supply was taken in possession by the checking officers and the same is lying in the safe custody of the board. The connection of the complainant was already disconnected on this date vide T.D.C.O.on 12/2005 due to non payment of the electricity charges amount of Rs.4884.The complainant was directed to make the payment of Rs.5000/-as compensation for committing the theft of electricity energy. The complainant had deposited the amount of Rs.4884/-(defaulting amount) on 11.1.2006.Thereafter, the connection of the complainant was again checked on 13.1.2006 by Er.Gurjant Singh, the then S.D.O. of the concerned Sub Division who has found that the complainant has himself shifted the site of the motor without taking the permission of the Board, which is clearly the violation of the instructions of the Board. The complainant was issued a notice memo No.39 dated 13.1.2006 and the complainant was duly informed the reasons of disconnection of the connection on 13.1.2006.Moreover, there is a prescribed procedure for shifting the site of the connection and as per request of the consumer, the Board used to prepare the estimate and the consumer is required to deposit the charges as per estimate and thereafter the board used to effect the change of site of the connection without taking any permission, which is clearly the violation of the instructions of the board. The consumer is still committing the theft of electricity energy and is using the supply of A.P. connection illegally. No loss has been suffered by the complainant. The allegations regarding the using of generators are absolutely false. In fact, the complainant is using the electricity by committing the theft of electricity and has not refrained from doing illegal acts inspite of the fact that he was caught by the concerned checking officers of the board. All other averments made in the complaint have also been denied. It is further pleaded that connection of the complainant was already disconnected on the date of checking and have prayed that complaint be dismissed.<br /> 4. In order to prove his case the complainant tendered in evidence his affidavit, x.C1, copies of bills, Exs.C2 to C4, copies of pass books, Exs.C5 to C7, original complaint, Ex.C8, copies of receipts, Exs.C9 to C18 and reply to the complaint, Ex.C19.<br /> 5. In rebuttal the opposite parties tendered in evidence affidavit of Gurjant Singh,Ex.R1, affidavit of Mukhtiar Singh,Ex.R2, copy of checking report,Ex.R3, copy of checking report,Ex.R4, copy of demand notice,Ex.r5, copy of letter,Ex.R6 and copy of C.C.No.14.05,Ex.R7.<br /> 6. The parties filed written arguments. We have gone through the same and have also heard the learned counsel for the parties. <br /> 7. The learned counsel for the opposite parties has contended that the connection of the complainant was checked on 20.12.2005 by Er.Gurjant Singh, SDO of the concerned Sub Division along with the concerned J.E.The checking officers found at the site that the complainant was committing the theft of electric energy from the 100 KVA transformer of Patwarian Wala by making kundies for using the motor of <br /> 5 BHP and was committing the theft of electricity energy. She has further contended that the wire with which the complainant was using the direct supply was taken into possession by the checking officer. The connection of the complainant has already been disconnected vide TDCO dated 12.1.2005 due to non payment of electricity charges amounting to Rs.4884/-.She has further contended that the complainant was directed to make the payment of Rs.5000/- as compensation for committing the theft of electricity energy. The complainant has deposited the amount of Rs.4884/-on 11.1.2006.The connection of the complainant was again checked on 13.1.2006 by Er.Gurjant Singh the then SDO of Sub Division who found that the complainant had himself shifted the site of the meter without taking the permission of the board which is clearly the violation of the instructions of the Board. The complainant was issued a notice dated 13.1.2006, Ex.R6 and the complainant was duly informed the reasons of disconnection of the connection on 13.1.2006.She has further contended that there is a prescribed procedure for shifting the site of the connection. As per request of the consumer the board used to prepare the estimate and the consumer is required to deposit the charges as per estimate and thereafter the board used to effect the change of the site of the connection. The complainant himself changed the site of the connection without taking any permission which is clearly violation of the instructions of the Board. The consumer is still committing the theft of electricity energy and is using the supply of AP connection illegally. She has further contended that there is no deficiency in service.<br /> 8. In support of their claim the opposite parties have examined Gurjant Singh, SDO. He has deposed in his affidavit, Ex.R1 that on 20.12.2005 he along with the concerned JE of the Sub Division had checked the connection of the complainant and had found at the site that the complainant was committing the theft of electricity energy directly from 100 KVA transformer of Patwarian Wala by making kundies for using the motor of 5BHP and was committing the theft of electricity energy. The report was given as per position which was existing at the site of the consumer. He has further deposed that the wire with which the complainant was committing the theft of electricity energy was taken into the possession and is lying in the safe custody in his office. He has further deposed that the complainant was directed to make the payment of Rs.5000/-as compensation for committing the theft of electricity energy. The complainant had deposited the amount of Rs.4884/- as arrears of defaulting amount on 11.1.2006.He has further deposed that the connection of the complainant was again checked on 13.1.2006 by him and found that the complainant had himself shifted the site of the meter without taking the permission of the Board which is clearly the violation of the instructions of the Board. The complainant was issued a notice dated 13.1.2006 and the complainant was duly informed the reasons of the disconnection of the connection on 13.1.2006.Mukhtiar Singh, JE has deposed in his affidavit, Ex.R2 that he had accompanied the concerned SDO namely Gurjant Singh on 20.12.2005 for checking of the connection. The connection was jointly checked by him and Er.Gurjant Singh. The complainant was found committing the theft of electricity energy directly from 100KVA transformer of Patwarian Wala by making kundies for using the motor of 5 BHP.<br /> 9. The report,Ex.R3 dated 20.12.2005 shows that Ram Singh, complainant was found committing the theft of electricity energy directly from 100KVA transformer of Patwarian Wala by making kundies for using the motor of 5BHP.The report further shows that 20 meters of cable 6mm with which the complainant was committing the theft for running the motor was taken into possession. The notice, Ex.R5,shows that on the basis of the checking dated 20.12.2005 it was sent for the recovery of Rs.5000/-.So it is clear that at the time of checking the checking staff found the complainant using electricity by directly from the 100KVA transformer of Patwarian Wala by making kundies for using the motor of 5BHP and therefore was committing the theft of electricity energy. These facts have been corroborated by the officials who filed their affidavits. They are not shown to have any ill will or enmity against the complainant so as to make a false report. The theft of electricity from the main line was being facilitated by the complainant. Therefore, raising of the demand on account of theft of energy by the recorded consumer would not be deficiency of service. Therefore, the complaint is dismissed. In the peculiar circumstances however, parties to bear their own costs. Copy of this order be sent to the parties as per rules.<br /> File be consigned to record.<br /> Pronounced.<br /> Dated4.12.2007.<br /> <br /> <br /> President<br /> <br /> <br /> Member<br /> <br /> <br />