ORDER

GULSHAN PRASHAR (MEMBER)

Brief facts of the complaint are that Late Ram Singh son of Sunder Singh r/o Village Dogranwala P.O. Bhawanipur, Tehsil and District Kapurthala. was having 5 H.P. Agriculture tubewell connection bearing A/C No.AB-5/153 and later on the horse power was increased to 7.5 HP and now this connection has been given new number as AB-7/134. The aforesaid Ram Singh died on 25/11/2000. Ram Singh during his life time executed registered Will on 12/3/1997 in favour of complainant and his brothers Jaswinder Singh and Kamaljit Singh and after death of his father complainant alongwith his brothers inherited the property left by their father alongwith the abovesaid connection.

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As such complainant is beneficiary of the services to the opposite parties. It is further alleged that complainant shocked to received notice on 3/6/2010 which was illegal, arbitrary and without any basis and is liable to be quashed.

2. Notice of the complaint was sent to the opposite parties who appeared through counsel and filed written statement in which it is pleaded that team comprising SDO City Sub Division NO.2 SDO Sub Division Ucha and SDO Sub Division Tibba visited the spot on 13/6/2010 in the presence of two representatives of consumer and found that consumer was committing theft of energy by installing 5 BHP motor directly after joining wire from the Kit -Kat of A.P. connection already installed in the name of consumer. On seeing the checking staff, two representatives of consumer removed the wire . However Kit-Kat and illegal motor were very hot due to continuous operation . The checking party recorded their observations in the checking register at No.7 and the copy of checking was given to the two representatives of consumer but they refused to sign the checking report. So notice vide memo No.610 dated 25/6/2010 was correctly sent to the consumer to deposit Rs.51533/- as compensation of theft of energy by applying formula LxDxHxF.Thus there is no deficiency in service on the part of opposite parties and the complaint of the complainant is liable to be dismissed.

3. In support of his version complainant has produced into evidence affidavit Ex.CA and documents Ex.C1 to C6.

4. On the other hand opposite parties produced into evidence affidavits and documents Ex.R1 to r6.

5. The case to connect the complainant is that Late Ram Singh son of Sunder Singh r/o Village Dogranwala P.O. Bhawanipur, Tehsil and District Kapurthala. was having 5 H.P. Agriculture tubewell connection bearing A/C No.AB-5/153 and later on the horse power was

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increased to 7.5 HP and now this connection has been given new number as AB-7/134. The aforesaid Ram Singh died on 25/11/2000. Ram Singh during his life time executed registered Will on 12/3/1997 in favour of complainant and his brothers Jaswinder Singh and Kamaljit Singh and after death of his father complainant alongwith his brothers inherited the property left by their father alongwith the abovesaid connection. As such complainant is beneficiary of the services to the opposite parties. It is alleged by the opposite parties that team comprising SDO City Sub Division NO.2 SDO Sub Division Ucha and SDO Sub Division Tibba visited the spot on 13/6/2010 in the presence of two representatives of consumer and found that consumer was committing theft of energy by installing 5 BHP motor directly after joining wire from the Kit -Kat of A.P. connection already installed in the name of consumer. On seeing the checking staff, two representatives of consumer removed the wire . However Kit-Kat and illegal motor were very hot due to continuous operation . The checking party recorded their observations in the checking register at No.7 and the copy of checking was given to the two representatives of consumer but they refused to sign the checking report. So notice vide memo No.610 dated 25/6/2010 was correctly sent to the consumer to deposit Rs.51533/- as compensation of theft of energy by applying formula LxDxHxF. The consumer was found using 5 BHP motor.

But the opposite party No.2 has not followed the instructions of Chief Engineer Commercial to raise the demand from the complainant on account of theft of energy detected by the opposite parties vide Ex.R6 as circulated to all EIC/CES (Distribution) vide memo dated 7/12/2009 vide Ex.C6 which is reproduced as under :

"After deliberation, the Board decided that period of

assessment should be counted from the start of paddy season i.e. till the date of detection of theft with period of one month as one unit.

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The paddy season started during June as such the period of June shall be taken as full month and for example if the theft was detected during July, then presumptive period shall be taken as two months and so on."

We, therefore, quash memo NO. 610 dated 25/6/2010 of the opposite parties regarding recovery of amount of Rs.51533/-from the complainant as compensation of theft of energy for 12 months vide Ex.R4 with the further directions to raise demand from the complainant on account of compensation of theft of energy for period of one month as one unit from the date of detection of theft of energy following the instructions of Chief Engineer (Commercial) as laid down in Ex.C6.and the complaint of the complainant is disposed of accordingly. Parties are left to bear their own costs.

Let certified copies of order be sent to the parties free of cost and thereafter file be consigned to the record room.

Announced Shashi Narang Gulshan Prashar Paramjit Singh

9.9.2010 Member Member President