DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

                                                Complaint No. CC/10/524 of 6.7.2010     

                                                Decided on: 19.10.2010

Manjit Kaur wife of Bhan Singh resident of village Mehtabgarh, Tehsil and District Patiala.

                                                                             -----------Complainant

                                       Versus

1.                 Punjab State Power Corporation Ltd. H.O.The Mall, Patiala, through its Managing Director.

2.                 Assistant Engineer, Operation Sub Division, Punjab State Power Corporation Ltd.Rohar Jagir, Tehsil and District Patiala.

                                                                             ----------Opposite parties.

                                      Complaint under Sections 11 to 14 of the

                                      Consumer Protection Act.                                   

                                      QUORUM

                                      Sh.Inderjit Singh, President

                                      Sh.Amarjit Singh Dhindsa, Member

                                      Smt.Neelam Gupta, Member

Present:

For the complainant:     Sh. S.P.Singh Brar,  Advocate   

For opposite parties:     Sh. Pawan Puri, Advocate

                                         ORDER

SH.INDERJIT SINGH, PRESIDENT

                                      Complainant Manjit Kaur 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.

2.                                   As per averments made in the complaint the case

of   the complainant is like this:-

                                      That the complainant is holding a domestic electric connection bearing account No.UF-35/372,so issued in her name by the opposite parties. That the above said connection is single phase connection. That the complainant received a letter memo no.471 dated 22.6.2010 and it has been alleged therein that the meter of the complainant was checked on 12.6.2010 and an amount of Rs.21209/- has been demanded from the complainant alongwith Rs.9000/- as compounding charges. It has been alleged in the said memo that the complainant was committing theft of electricity by using private PVC wire and the meter of the complainant was found stopped. That the alleged memo dated 12.6.2010 and the demand made therein is illegal, null and void, not binding on the complainant and the complainant is not liable to pay any such amount, nor the opposite parties have any right to recover any amount from the complainant. That the complainant never made any theft of the electricity as alleged in the memo. The premises of the complainant was never inspected by the opposite parties in the presence of the complainant or any of her family members. No person of the village was joined by the checking party, at the time of alleged checking, nor any name has been mentioned in the checking report in whose presence the alleged checking was made by the opposite parties. That the opposite parties are now threatening to recover the said amount from the complainant, forcibly and illegally and to disconnect the electricity supply to which the opposite parties have no right, title or authority. That the threatened action of the opposite parties is illegal, unjust, improper and invades the legal and vested right of the complainant. That the complainant approached and requested the opposite parties to withdraw the said bills and letter memo dated 22.6.2010 and not to disconnect the said electricity connection and not to recover the said amount from the complainant, but the opposite parties did not pay any heed to the request of the complainant. That due to the issuance of the said illegal notice and raising the illegal demand by the opposite parties the complainant  has suffered mental agony, harassment and as such the complainant is entitled to damages from the opposite parties to the tune of Rs.50000/-.Hence this complaint.

3.                                   Notice of the complaint was given to the opposite parties, who appeared and filed a joint written reply contesting the claim of the complainant. It is alleged that the connection of the complainant was checked by the concerned team of checking officers/officials on 12.6.2010 and after checking the connection of the complainant had found that the complainant was committing theft of electricity by by-passing the meter. The method and manner of committing theft of electricity by the complainant has been fully described in the checking report by the checking officer. The complainant was caught red handed by the checking officers of committing theft of electricity energy. The representative of the complainant namely Gurjant Singh was present at the site and had countersigned the checking report in token of correctness of such checking. The manner and method of committing theft of electricity has been fully described in the checking report. The complainant was caught by the checking team of committing theft of electricity energy i.e. by making a joint in the P.V.C. which is passing from the house of the complainant and erecting a 2 meter red colour wire i.e. for making the kundi. The concerned assessing officer of the Power Corporation has raised a demand of Rs.21209/- as penalty for committing theft  of electricity energy i.e. vide notice bearing memo no.471 dated 22.6.2010.The said notice was duly received by the representative of the complainant namely Gurjant Singh. The complainant was given the liberty to file the objections against the said orders of assessment but no objections were submitted by the complainant. The non filing of objections by the complainant amounts to admission of guilt. The complainant was also given the offer that in case he intends to compound the offence of theft of electricity energy then he can do so by depositing another amount of Rs.9000/-but the complainant choose not to deposit the same. It is an established case of theft of electricity energy. It is an admitted fact that notice under Section 135 of Electricity Act has been issued to the complainant. It is denied that the demand of Rs.21209/- as has been raised by the Power Corporation is illegal in any manner. The connection was checked in the presence of the  complainant. The allegations of the complainant are absolutely false and the same are the concocted story of the complainant. It is denied that the memo dated 12.6.2010 is illegal in any manner as has been alleged by the complainant. It is denied that the complainant has never made any theft of electricity. It is denied that the premises of the complainant were never checked by the checking team of the Power Corporation. The checking was conducted in the presence of the representative of the complainant, who had countersigned the checking report in token of correctness of such checking. The complainant has not contacted any officer or official of the Power Corporation after receiving the notice. The Power Corporation has rightly raised the demand against the complainant for committing unauthorized use of electricity supply as has been defined under Section 126 of the Electricity Act. There is no question of withdrawal of the demand as has been raised by the Power Corporation. The demand as has been raised by the Power Corporation is a legal demand and has been raised as per rules. The criteria of charging the amount has been duly prescribed under the Electricity Act 2003. The Power Corporation has raised the demand strictly as per criteria prescribed in the schedule in the said Act. There is no illegality in any manner. The demand of the Power Corporation is absolutely legal. It is denied that the demand is illegal etc. in any manner. The Power Corporation has taken the action as per provisions of Act, rules and regulations governing the conditions of supply to the  consumers in the State of Punjab. The complainant has manipulated the allegations to file the false case against the Power Corporation. The checking officer has duly mentioned in its report the manner and method of committing theft of energy by the complainant. The wire which was removed from the site was taken in possession and the same is lying in the concerned office of the Power Corporation. There is no question of any mental agony to the complainant as the Power Corporation is acting as per rules. There is no deficiency in service. There is no unfair trade practice on the part of the Power Corporation. The complainant is not entitled to any compensation. All other averments made in the complaint have also been denied and have prayed that complaint be dismissed.

4.                                   Today the case was fixed for evidence of the complainant. No evidence of the complainant was present. The complainant was granted last opportunity for today to produce her entire evidence. But inspite of the last opportunity the complainant has not bothered to step in the witness box in support of his case. The learned counsel for the complainant requested for another adjournment which was declined and evidence of the complainant was closed.

5.                                   The perusal of the record shows that there is not an iota of evidence on the record to prove if there is any deficiency in service on the part of opposite parties.

6.                                   In the result we hold that the complaint is without any merit and the same is dismissed accordingly with no order as to costs. Copy of this order be sent to the parties as per rules.

                                      File be consigned to the record.

Pronounced.

Dated.19.10.2010

                                                                             President

                                                                             Member

                                                                             Member