Punjab

Fatehgarh Sahib

CC/8/2022

Gobinder Singh - Complainant(s)

Versus

PSPCL - Opp.Party(s)

Sh Sarpreet Singh Saini

25 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHGARH SAHIB.

                                                             

Consumer  Complaint No.	:	CC/08 of 2022
Date of Institution	:	17/01/2022
Date of Decision	:	25.04.2023

 

 

Gobinder Singh aged about 84 years son of Jangir Singh resident of Village Chanarthal Khurd, Tehsil and District Fatehgarh Sahib .

                                                                                                                     …………....Complainants

                                                Versus

 

1.  Punjab State Power Corporation Limited, The  Mall, Patiala, through its Chairman.
2. Sub –Divisional Officer/Assistant Executive Engineer, Punjab State Power Corporation Limited, Operation Sub- Divisional, Tohra, Tehsil Nabha, District Patiala

                                                                              ..………....... Opposite Parties

 

Complaint under Section 35 of Consumer Protection Act 2019

 

Quorum

 

Sh. S.K. Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

Present:  None for the complainant.

     Sh. Sumit Gupta, counsel for OPs.

 

 

 

 The  complaint has been filed against the OPs (opposite parties),  Under Section 35 of Consumer Protection Act-2019 alleging deficiency in service with the prayer for giving direction to the OPs to withdraw the notice no.9,10, dated 2.1.2018 vide which the complainant was asked to pay   an amount of Rs.86,792/-  and compounding charges of Rs.21,000/-  and to pay Rs.2,00,000/-  as compensation for mental agony towards harassment and  to pay cost of litigation.

1.  The brief facts of the complaint is that the complainant is holder of domestic electricity  connection bearing account no.K64KT170100W and has been regularly paying the electricity bills.  The electricity meter was installed in the house of complainant and about  6 years back the OPs shifted the electricity meter from the house of the complainant and installed the same outside the house , in a box containing 20 meters. The electricity meter was installed in common box and same was under lock  and key of the OPs. As such their is no  question of committing any theft of electricity. To utter shock and astonishment of complainant the provisional order of assessment notice bearing letter no.9 and 10 dated 2.1.2018 for Rs.86792/- has been  issued to the complainant on the ground that he has committed theft of electricity.  After receipt of the said illegal notice , the complainant visited the OP no.2 with request to withdraw the same, but to no effect.. The complainant made further enquiry from the official of the OPs and came to know that a previous electricity meter , which was working properly ,was infact changed by the OPs about five four months back. The Said meter was sent by OPs to ME Lab.  for its checking and the alleged checking was not conducted  in the presence of complainant or his representative. The complainant was not informed about the checking of meter. The complainant filed an application before Chairman Permanent Lok Adalat Fatehgarh Sahib, Vide application no.5000  dated 2018 and Hon’ble Court was pleased to stay the proceedings of illegal notice sent by the OPs. The complainant was directed to deposited Rs.21,000/- as compounding charges and the same amount was deposited by the complainant. Thereafter the Hon’ble  Permanent Lok Adalat directed the complainant to withdraw the complaint as the court had no jurisdiction to try and decide the said complaint. The complaint returned to the complainant on 14.10.2021 for its presentation before competent court of jurisdiction.  Hence this complaint.
2. Notice of the complaint was given to the OPs through registered Post, OPs appeared through their Counsel  and filed an application on 17.2.2022 for dismissal of complaint for want of jurisdiction .  The OPs  stated that  the complainant filed the present complaint by concealing the facts that the complainant was making theft of electricity by tempering the meter and a notice under section 135 of electricity Act was issued to the complainant. This Commission has no jurisdiction  to try and decide the matter of electricity theft and prayer has been made for dismissal of complaint.
3. This commission while admitting the complaint on 20.1.2022 issued notice for 17.2.2022. Further the OPs were restrained from disconnecting the connection and also restrained from giving effect to impugned notice.
4. The complainant filed reply to application on 23.2.20222 and admitted that  notice under Section 135 of Electricity Act was issued to the complainant by OPs and the same was issued wrongly as the meter is not installed in the premises of complainant and the same in installed in the box which was locked by the officials of PSPCL. The complainant has no control over the meter and the meter is installed under full control and lock of PSPCL. The complainant has  prayed  for dismissal of the application of OPs dated 17.2.2022.
5.  The complainant in support of his complaint placed on record his affidavit along with copies of  documents i.e  notice no.9 and 10 dated 2.1.2018 Ex.C1, and electricity bills Ex.C2 to Ex C6.  Order of Permanent Hon’ble Lok Adalat Fatehgarh Sahib  dated 14.10.2021Ex.C7.
6.   Heard. Entire record has been perused.
7.  This commission vide order dated 20.1.2022 restrained the OPs from disconnecting the connection as well as restrained the OPs from giving effect to impugned notice dated 2.1.2018. The OPs on 17.1.2022 filed an application for dismissal of the complaint stating that the notice was issued to the complainant under Section 135 which is regarding theft of electricity and that this commission has no jurisdiction to try and decide the matter of theft of electricity.  The complainant had earlier filed a case before Permanent  Lok Adalat Fatehgarh Sahib on 19.1.2018 which was disposed off  by Hon’ble Court on 14.10.2021 vide the said order the complaint was returned to the complainant for presenting the same before the competent court , if so desired. The Hon’ble Court ( Para no.17 of the order dated 14.10.2021) held that Section 135 of the electricity Act deals with the theft of electricity and jurisdiction has been conferred upon the special courts constituted  under Section 153 (3) of the Act to try the offences alleged to have been committed under Section 135 to 140 and 150 of the Act.
8.   In view of the above  discussion and inference, the application filed by OPs  for dismissal of complaint is  allowed and present  complaint  is hereby  dismissed  with no order as to costs, as this commission has no jurisdiction to try and decide the matters under Section 135 of the Electricity act , which pertains to theft of Electricity. Copy of this order be sent to the complainant and the OPs as per rules. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. File be consigned to record Room.

    Pronounced 25 April 2023

                                                           

                                                                      (S. K. Aggarwal)

                                                                              President

                                                                     

    

                                                                                   (Shivani Bhargava)

                                                                              Member

 

                                                                                    (Sh. Manjit Singh Bhinder )

                                                                                               Member