DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA.<br /> <br /> Complaint No:146/17.09.2008<br /> Decided on : 09.03.2009<br /> <br /> Sampuran Singh S/o Sh. Bachan Singh, resident of village Burj Rathi, Tehsil and District Mansa.<br /> <br /> ..... Complainant.<br /> <br /> VERSUS<br /> <br /> 1.The Chairman, Punjab State Electricity Board, Patiala.<br /> <br /> 2.Assistant Executive Engineer, Sub Urban, Sub Division, Punjab State<br /> Electricity Board, Maur Mandi, District Bathinda.<br /> <br /> ..... Opposite Parties.<br /> <br /> Complaint under Section 12 of the Consumer Protection Act, 1986.<br /> .....<br /> <br /> Present: Sh. K.S. Matharu, Advocate counsel for the complainant.<br /> Sh. Shamlal Goel, Advocate counsel for the opposite parties.<br /> <br /> Before: Sh.Sarat Chander, Member.<br /> Smt.Neena Rani Gupta, Member.<br /> <br /> ORDER:<br /> <br /> Sh.Sarat Chander, Member: <br /> <br /> Sampuran Singh (hereinafter called as the complainant) has filed the present complaint against the Punjab State Electricity Board, through its Chairman at Patiala and Assistant Executive Engineer at Maur Mandi, under Section 12 of the Consumer Protection Act, 1986 (hereinafter called as the Act), for issuance of a direction to the opposite party to set aside bills and notice and also pay him Rs.20,000/- by way of compensation on account of mental harassment and equal amount on account of costs. <br /> Brief facts of the complaint are that the complainant has<br /> Contd........2<br /> : 2 :<br /> <br /> secured electric connection bearing Account No.B53BR2400361W for domestic consumption from the OPs. He is paying the electric consumption bills regularly and nothing is outstanding against him, as such, he is consumer qua the said electric connection under the opposite parties. The complainant has never used the electric energy beyond the sanctioned load, but the OPs had served the impugned bill dated 6.4.2008 amounting Rs.15768/- to the complainant. They have further issued another bill dated 8.6.2008 in the sum of Rs.17587/- and have failed to rectify the bills. In bill dated 8.8.2008, the amount of previous bills has also been claimed as outstanding. On being approached by the complainant, they have refused to make correction in the bill and asked him to deposit the amount of all the bills failing which, to face disconnection of his electric connection, because of which complainant has been subjected to mental and physical harassment, as such, they are liable to pay him compensation and costs of filing of the instant complaint. Hence this complaint.<br /> The OPs in its written version has challenged the maintainability of the complaint on the ground that the demand relating to theft of energy, this Forum has no jurisdiction to entertain and try the complaint. On merits, it was submitted that an amount of Rs.17587/- is outstanding towards the complainant which he is liable to pay because the checking team of the board comprising of Sh.Dev Raj, J.E. and Sh.Bakshi Ram, Line Man on 27.1.2008 found that he was overdrawing electric energy to the extent of 2.818 KW against the sanctioned load of 1.98 KW and committing theft of electric energy. It is submitted that all the bills have been correctly issued to the complainant as per factual position reported by the officials of the board. It is denied that complainant had ever approached the Ops or any threat was given to him. It is further denied that complainant has been subjected to mental and physical harassment or the Ops are liable to pay compensation or costs. A prayer<br /> Contd.......3<br /> : 3 :<br /> <br /> for dismissal of the complaint was accordingly made. <br /> Both the parties have led their respective evidence in the shape of affidavits and other documents. We have considered the arguments advanced by the learned <br /> counsel for the parties and carefully scrutinized the record of the case.<br /> Learned counsel for the complainant Sh.K.S. Matharu, Advocate has submitted that notice has been served upon the complainant by the Ops raising demand on the ground that he has committed theft of electric energy and not because he was found drawing electricity beyond sanctioned load. Learned counsel further submitted that checking has neither been done in the presence of the complainant nor signatures of any of his representative have been secured by the checking team and Ops have not supplied copy of the said document. Learned counsel has drawn our attention to application dated 19.8.2008 filed by the complainant on the basis of which the Ops have conducted spot inspection on 20.9.2008 and found that complainant has installed 1 BHP motor in his house, as such, report of the checking officials that he was found operating 1 BHP motor is against the facts. Learned counsel further argued that Ops have worked out extra load on the basis of the checking report which is proved to be false and without giving opportunity of being heard to the complainant, as such, he is entitled to seek direction against the Ops to rectify the bills drawn upon him and to pay him compensation and costs as prayed for.<br /> On the other hand, Learned counsel for the OPs Sh. Shamlal Goel, Advocate, has submitted that complainant is not a consumer because he has secured the electric connection for domestic purpose, but during the course of checking, it was found that he was using the same for running electric motor for irrigation purposes, as such, complaint is not maintainable.<br /> At this stage, learned counsel for the complainant has submitted that motor has been installed by the complainant for feeding<br /> Contd........4<br /> : 4 :<br /> <br /> water to the cattle and it has never been used for irrigation purposes of his land which is situated at considerable distance from his house, as such, no ground is made out to deny relief on that score.<br /> We find merit in the argument advanced by the learned counsel for the complainant because, admittedly, he has secured the electric connection for domestic purposes. Even if, he has got installed electric motor for feeding water to the cattle, it does not amount to change of user. The Ops have not produced any document that complainant owns land or he ever used the electric energy installed in his house for agricultural purposes. Therefore, complainant cannot be non suited on the ground of this technical objection raised by the Ops.<br /> Learned counsel for the Ops has further argued that complainant has filed the application nine months after installation of electric motor, as such, question of change thereof by him during the intervening period cannot be ruled out. Learned counsel has also submitted that unauthorized use of electric power against the purpose for which it has been secured, amounts to theft of electric energy within the purview of Section 126 of the Indian Electricity Act, as such, there is no deficiency in service on the part of the Ops and they have rightly demanded the amount drawn upon him and no indulgence of the Consumer Forum is warranted, as sought through the instant complaint, which is liable to be dismissed with costs.<br /> The argument advanced by the learned counsel for the Ops, has failed to sound well with us, because as observed by us in the earlier part of the order, the Ops have failed to establish their plea that complainant has been using the electric motor installed in his house for agricultural purposes. As per our opinion, feeding of water to the cattle does not amount to change of user. The checking report Ext.OP-2, does not bear the signatures of the complainant or his representative. It is also not the plea of the Ops that checking was done in the presence of the<br /> Contd........5<br /> : 5 :<br /> <br /> complainant or copy of the checking report was supplied by the members of the team or that copy of the checking report was affixed on his premises or sent to him through registered post as provided in Clause 3(e) of the Circular No.53/2006, issued by the board on the subject. As per copy of application dated 19.8.2008, Ext.C-2, the officials of the board, after conducting spot inspection, has reported that electric motor in the house of the complainant is of 1 BHP whereas in checking report, Ext.OP-2, it has been mentioned that he has got installed motor of the capacity of 3 BHP and additional amount has been demanded from the complainant through the impugned bills dated 6.4.2008, 8.6.2008 and 8.8.2008 taking the actual load of the entire house of the complainant as per 3 BHP capacity of his electric motor. The Ops have not produced any evidence to the effect that the complainant has changed his electric motor after the date of checking of his electric meter by the team of the board. We cannot draw such presumption on the basis of conjectures and surmises only. In the absence of any corroborating evidence, much significance cannot be attached to the plea of the Ops taken in that regard.<br /> In the given facts and circumstances of the case, we have no option, but to hold that the amount raised by the Ops through the impugned bills and notice is illegal and arbitrary and is not sustainable.<br /> For the aforesaid reasons, we accept the complaint and set aside the bills dated 6.4.2008, 8.6.2008 and 8.8.2008 and notice dated 30.1.2008 served upon the complainant and direct the Ops to pay him compensation in the sum of Rs.2000/- on account of physical and mental harassment and Rs.1000/- on account of costs for filing the instant complaint. The compliance of the order be made within a period of two months from the date of receipt of the copy of this order. However, Ops are at liberty to serve fresh bill upon the complainant on the basis of actual consumption reported by the electric meter installed in his house. The amount, if any, deposited by the complainant in terms of interim order<br /> Contd........6<br /> : 6 :<br /> <br /> dated 17.9.2008 be adjusted in future bills to be drawn upon him.<br /> 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.<br /> Pronounced:<br /> 09.03.2009<br /> <br /> Neena Rani Gupta, Sarat Chander, Member. Member.