ORDER

PARAMJIT SINGH (PRESIDENT.)

Brief facts of the complaint are that complainant is conumer of opposite parties having electric connection bearing A/C No. Xi3SP130182A. It is alleged that Gram Panchayat installed a tubewell for the supply of water to the villagers and the opposite party provided 2.31 KW load. The consumption never exceed from Rs.3200/- per month. But the opposite parties are sending wrong bills on different occasions and every time tht eocmplainant approaching the opposite parties for rectification of the same. The opposite parties always corrected the bills with the pen after going through the record. Bill dated 27/6/2009 was converted from Rs.21920/- to Rs.3200/- and the bill dated 28/8/2009 was converted from Rs.21730/- to Rs.3010/- and the bill dated 27/9/09 was converted from Rs.20560/- to Rs.1710/- and the amount of bill dated 30/12/09 was converted to Rs.1400/- and bill dated 28/11/09 was converted from Rs.20740/- to Rs.1684/-. In this way the opposite parties are harassing the complainant on every month while issuing wrong bill. Though complainant also served legal notice dated 16/3/2010 to correct the amount of aforesaid bill but to no effect. This is a clear cut defiiency in service on the part of opposite parties.

2. Notice of the complaint was issued to the opposite parties who appeared and filed written statement raising preliminary objections that the complaint is not maintainable; the complainant is barred by his own act and conduct to file the present complaint; he has no cause of action to file the present complaint.

The real facts are that the complainant was found committing theft of energy by way of installing motor of 3 B.H.P. through Kundi Connection i.e. by way of joining wire from L.T. line directly. Engineer Gurnam Singh J.E. visited the spot on 17.12.2007 in the presence of Member Panchayat and Namberdar and found that sarpanch of gram pancyayat has installed of 3 B.H.P. through Kundi Connection i.e. by way of joining wire from L.T. line directly. Thus he was found committing theft of energy. He noted his observations in his checking register at 37/17. Harjit Kaur member panchayat of Gram Panchayat and Tehal Singh Namberdar signed the said checking report after admitting it correct and received the copy of the same at the spot. Meanwhile complainant applied for release of S.P. connection for water works and got released connection on 22.2.2008 for 3 B.H.P. So a memo No. 844 dated 19.5.2008 was correctly sent to complainant to deposit Rs. 18,783/- as compensation on account of theft of energy calculated as per CC 63/2006 vide forumla LXDXHXF. The complainant approached Sub Division and assured that either she will deposit the amount or she will put her case before review committee. So this amount was added in the subsequent bills along with other charges. Thus there is no deficiency in service on the part of the opposite parties.

3. The counsel for the complainant has tendered into evidence copies of documents Ex.C1 to Ex.C24 along with affidavits Ex.CA to Ex.CB and closed the evidence of complinant.

4. On the other hand the counsel for the opposite parties has tendered into evidence affidavits Ex.R1 and Ex.R2 along with documents Ex.R3 to Ex.R5 and closed the evidence of oppositre parties.

5. In this case, the defence of the opposite parties to defeat the claim of the complainant is based upon checking report Ex.R3 dated 17.12.2007. To prove the same, Engineer Gurnam Singh JE Sub Division, Khera Majha Punjab State Power Corporation, Kapurthala is examined by placing on record his affidavit Ex.R2 supported by another affidavit of Shri Ashok Kumar SDO Ex.R1. As per their narration, the premises of the complainant was checked by Gurnam Singh JE on 17.12.2007

" in the presene of Member Panchayat of

Gram Panchayat and Nambardar and found that

Gram Panchayat has installed one motor of

3 BHP through Kundi connection i.e. by way

of joining wire from L.T. Line direction, as

such was found committing theft of energy

directly. He noted his observation in his

checking register at Sr. No.37/17. Harjit

Kaur member panchayat of Gram Panchayat

Tehal Singh Nambardar signed the said

checking after admitting it correct and

received ciopy of the same at the spot."

Accordingly the opposite party No. 1 raised demand of Rs.18783 to Gram Panchayat vide memo No.844 dated 19.5.2008 as compensation on account of alleged theft of electricity detected by Gurnam Singh JE . It is alleged by the opposite parties that all the time Gram Panchayat put political pressure and assured that the case shall definitely be put up before competent authority for reviewing the bill, but complainant failed to put the cse before review committee. The bills up to 2/10 were corrected due to assurances of complainant, but the complainant failed to put up the case before competent authority, bill of 3/10 was correctly sent for Rs.17944/- including the arrears amount, but she has not paid a single penny out of this bill. Again bill 4/10 to 7/10 were sent by adding

arrears amount and current consumption charges.

The complainant in her defence has produced on record the energy bill raised by the opposite parties vide Ex.C6, Ex.C11, Ex.C15, Ex.C18, Ex.C20, Ex.C21, Ex.C22 and Ex.C23. Admittedly the electric connection under reference was released by the opposite parties vide account No. Xi3SP130182A under S.P. Category for 2.31 KW on 22.2.2008, whereas the premises of Gram Panchayat was inspected by J.E. Gurnam Singh on 17.12.2007 in the presence of member panchayat of Gram Panchayat and numberdar vide Ex.R3 who found illegally installed motor of 3 BHP without any regular connection from the opposite parties. And at that time, Gram Panchayat was not consumer of the opposite parties as such the complainant is not entitled for the reliefs claimed in the complaint before this Forum. So the complaint is disposed of accordingly. Parties are left to bear their own costs. The complainant is however at liberty to file civil suit against the opposite parties if so desires to seek appropriate remedy regarding her grievances against the opposite parties.

Let certified copy of the order be sent to the parties without any delay and file be consigned to the record room.

Dated: Gulshan Prashar Shashi Narang Paramjit Singh

26.8.2010 Member Member President