Punjab

Patiala

CC/10/523

Manjit Singh - Complainant(s)

Versus

PSPC Ltd. - Opp.Party(s)

P S Brar

19 Oct 2010

ORDER


DISTRICT CONSUMER FORUM, PATIALADISTRICT CONSUMER FORUM,#9A, OPPOSITE NIHAL BAGH PATIALA
CONSUMER CASE NO. 10 of 523
1. Manjit Singh ...........Appellant(s)

Vs.
1. PSPC Ltd. ...........Respondent(s)


For the Appellant :
For the Respondent :

Dated : 19 Oct 2010
ORDER

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DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

 

                                                Complaint No. CC/10/523 of 6.7.2010     

                                                Decided on: 19.10.2010

 

Manjit Singh s/o Joginder 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.G.S.Dhaliwal, Advocate

                                     

                                         ORDER

 

SH.INDERJIT SINGH, PRESIDENT

 

                                      Complainant Manjit 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.

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-35/562/D,so issued in his name by the opposite parties. That the complainant received a letter memo no.529 dated 24.6.2010 and it has been alleged therein that the meter of the complainant was checked on 12.6.2010 and an amount of Rs.13750/- has been demanded from the complainant alongwith Rs.3000/- as compounding charges. It has been alleged in the said memo that the complainant was committing theft of electricity and the meter of the complainant was found stopped. That the alleged memo dated 24.6.2010 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 24.6.2010 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 admitted that the complainant is holder of an electric connection No.UF-35/562/D.The factual position is that the connection of the complainant was checked by a team of officials of the opposite parties on 12.6.2010 vide checking register No.810,page No.88. The checking team found that the complainant had by-passed the meter and by making a joint in the main PVC wire catering to the connection. The meter was by-passed by using a wire and inserting in into a grip installed by the complainant. At the time of checking, the meter was found to have been stopped. The wire used by the complainant was taken into custody. This act of the complainant amounted to a case of theft of the electric energy. So a letter memo no.529 was sent to the complainant for recovery of Rs.13750/-. It is denied that the demand raised by the opposite parties is illegal, null and void. In fact the demand raised by the opposite parties is fully legal and recoverable. The opposite parties will be forced to disconnect the electric supply if the complainant failed to deposit the theft penalty. It is denied that the action of the opposite parties is illegal, unjust. In fact the action of the opposite parties is fully legal. That the complainant approached the opposite parties Board officials to inquire about the notice. It is denied that the complainant has suffered mental agony, harassment and as such is entitled to damages. 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 his 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

 

                            

 

 

 

 

 

 

 

 

 

 

 


Mr. Amarjit Singh Dhindsa, MemberHONABLE MR. Inderjit Singh, PRESIDENT Smt. Neelam Gupta, Member