DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA.
CC.No.366 of 03-08-2012
Decided on 19-07-2013
Baldev Singh aged about 75 years S/o Harnam Singh R/o village Mahinagal, Tehsil Talwnadi Sabo, Distt. Bathinda.
........Complainant
Versus
1.Punjab State Power Corporation Ltd., The Mall Patiala, through its Chairman/Secretary.
2.S.D.O/AEE, Punjab State Power Corporation Ltd., Sub Division Raman Mandi.
.......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President.
Sh.Amarjeet Paul, Member.
Smt. Sukhwinder Kaur, Member.
Present:-
For the Complainant: Sh.Ashok Gupta, counsel for the complainant.
For Opposite parties: Sh.B.S Brar, counsel for opposite parties.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, 1986 as amended upto date (Here-in-after referred to as an 'Act'). The brief facts of the complaint are that the complainant is holding an electric connection bearing No.B52MN520025K. The complainant has received the bill dated 2.7.2012 for Rs.13,870/- payable upto 17.7.2012 of 61 units, out of which Rs.13,294/- has been shown as sundry amount without any explanation. No supplementary notice was issued before charging the alleged amount of Rs.13,294/-. The opposite parties have failed to give the explanation that why the amount of Rs.13,870/- has been raised against the consumption of 61 units. The complainant approached the opposite parties regarding explanation of alleged amount of Rs.13,294/- but no explanation has been given by the opposite parties. Under the forced circumstances the complainant has deposited the amount to save the electric connection and filed an application on dated 19.7.2012 that the said amount has been deposited under protest. Before depositing the amount of Rs.13,294/- the complainant requested the opposite parties not to get deposit the amount so demanded. But the opposite parties have not paid any heed to his request. Hence the complainant has filed the present complaint to seek the directions of this forum to the opposite parties to refund the amount of Rs.13,294/- alongwith cost and compensation.
2. Notice was sent to the opposite parties. The opposite parties after appearing before this Forum have filed their joint written statement and pleaded that on 19.4.2012 the meter of the complainant was checked by the team of officials of Punjab State Power Corporation Ltd. headed by Harbhagwan Dass S.D.E. and the complainant was found making theft of electricity on the spot by causing defect in the Disc of the meter by pushing the meter downward from one side. The checking report was prepared at the spot and was signed by Harbhagwan Dass S.D.E. and other officials of Punjab State Power Corporation Ltd., Baldev Singh son of the complainant was present in the house at that time flatly refused to sign the checking report. The notice under section 135 of Electricity Act 2003 was served to the complainant vide memo No.532 dated 26.4.2012 through registered post and the demand of Rs.13,294/- on account of charges and penalty for theft of electricity was raised from the complainant. But the complainant has failed to make the payment within specified period so the said amount was debited in his account and was demanded through the consumption bill dated 2.7.2012 issued to him. The complainant never approached the designated authority for the redressal of his grievance within the stipulated period mentioned in the notice dated 26.4.2012 nor he filed an appeal before the Hon'ble Additional Sessions Judge, Bathinda. The complainant paid the said amount including the other charges as specified in the bill dated 2.7.2012.
3. The complainant has led evidence in support of his pleadings.
4. The opposite parties alongwith written statement has placed on file the checking report dated 19.4.2012 and notice under section 135 of Electricity Act 2003 in which it has been specifically mentioned that the complainant himself caused defect in the Disc of the meter to slow down the meter in order to push the electric meter downward from one side and on checking the complainant was found indulging in theft of electricity by the team of the officials of the Punjab State Power Corporation Ltd.
5. As the case in hand is regarding the theft of electricity and a notice has been issued under section 135 of the Electricity Act 2003, hence this complaint is not maintainable as per law laid down by the Hon'ble Apex Court in Civil Appeal No.5466 of 2012 (arising out of SLP (C) No.35906 of 2011) in case titled U.P Power Corporation Ltd. & Ors. Vs. Anis Ahmad reported in III (2013) CPJ 1 (SC) in para No.32 and 47 it has been held:-
“32) For proper appreciation, we refer to Section 135 which relates to “theft of electricity". Interference with meters or work of licensee, taping of electricity, making or causing to be made any connection with overhead, underground or under water lines or cables, or service wires, or service facilities of a licensee; tampering of meter, installation or use of tampered meter, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; damaging or destroys of an electrical meter, apparatus, equipment, use of electricity through a tampered meter; use of electricity for the purpose other than for which the usage of electricity was authorized constitute "theft of electricity" and constitute “offence" under Section 135 of the Electricity Act, 2003.....
“47) In view of the observation made above, we hold that:
(i) In case of inconsistency between the Electricity Act, 2003 and the Consumer Protection Act, 1986, the provisions of Consumer Protection Act will prevail, but ipso facto it will not vest the Consumer Forum with the power to redress any dispute with regard to the matters which do not come within the meaning of “service” as defined under Section 2(1)(o) or “complaint”as defined under Section 2(1)(c) of the Consumer Protection Act, 1986.
(ii) A “complaint” against the assessment made by assessing officer under Section 126 or against the offences committed under Sections 135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum.”
In the light of above settled law by the Hon'ble Apex Court this complaint is not maintainable before this forum, hence hereby dismissed without any order as to cost. The merits of the case are not touched. Before parting with this order it is made clear that the complainant is at liberty to approach the appropriate court/authority for the redressal of his grievances if so advised and permitted by law.
6. A copy of this order be sent to the parties concerned free of cost and the file be consigned to the record room.
Pronounced in the open Forum
19-07-2013
(Vikramjit Kaur Soni)
President
(Amarjeet Paul)
Member
(Sukhwinder Kaur) Member
