ORDER

Paramjit Singh, President

1. Brief facts of the case are that the complainant is the consumer of opposite parties PSPCL having electric connection bearing account No.X12CB481620W and the electric connection is issued in his name. The opposite alleged that complainant was using electricity illegally in the letter No. 1063 dated 21.8.2009 and it is also alleged that the meter was not in working condition and was not blinking. The opposite parties imposed penalty of Rs.24533/- plus Rs.120/-. The complainant approached the opposite parties and narrated the true facts that at the time of alleged occurrence he was not present at his home. More the thieves committed theft on the same day in the house of complainant and DDR No. 1517 dated 21.8.2009 was registered in P.S. City Kapurthala, and the same was marked to ASI Jit Lal for investigation. The complainant requested the opposite parties so many times to take lenient view as no illegality was ever committed by the him, but the opposite parties failed to listen him and imposed the aforesaid penalty on the complainant which is deficiency in service on the part of opposite parties. The complainant also sent a notice upon the opposite parties but to no effect. Hence the present complaint.

2. Notice of the complaint was issued to the opposite parties who appeared through counsel and filed written statement raising as many as two preliminary objections by refuting all the allegations made in the complaint. The opposite parties pleaded that the complainant has no cause of action. The team comprising SDO City Sub Division No.1 along with AAE of Sub Division No.1 visited the premises of complainant on 21.8.2009 in his presence and found that he was committed theft of energy by way of joining wire with joint of PVC and after joining other end in the inner part of the grip and grip was removed and meter was found still and was not blinking. When the team removed the wire and re-fixed the grip, the meter started working and blinking. They noted their observations in their checking register at Sr. No.81/501 dated 21.8.2009/ Copy of the checking report was given to the complainant at the spot, but he refused to sign the same so the Sub Division No.1 sent memo No. 1063 dated 21.8.2009 to the complainant to deposit Rs.24653/- as compensation on account of theft of energy as per formula LXDHF. The details of charges were given in the memo. The sanction load in this case was 3.90 KW Thus there is no deficiency in service in charging the amount.

3. The counsel for the complainant has tendered into evidence affidavits Ex.CW1 and Ex.CW2 along with documents Ex.C1 to Ex.C7 and closed the evidence..

4. On the other hand the opposite parties tendered into evidence affidavit Ex.R1 along with documents Ex.R2 to Ex.R4 and closed the evidence.

5. The case to connect the complainant is that complainant is consumer of the opposite parties having electric connection bearing account No.X12CB481620W and has assailed memo No.1063 dated 21/8/09 vide which demand of Rs.24653/- was raised by opposite party No.2 to the complainant on account of alleged theft of electricity as detected by the checking team of the opposite parties vide checking report Ex.R3. And as per copy of representation of the complainant addressed to the Superintending Engineer, PSPCL, Kapurthala vide Ex.C6 for withdrawl of application of the complainant indicates that Complainant referred the matter to the competent authorities i.e. Superintending Engineer of the opposite parties.and a relief of Rs.16000/- out of the penalty of Rs.24653/- was granted to the complainant .So the grievances of the complainant has already been settled by the competent authority of the opposite parties. Hence the complaint of the complainant is hereby dismissed with no order as to costs.

Let certified copies of order be sent to the parties without delay and thereafter file be conigned to the reord room.

Announced : Shashi Narang Gulshan Prashar Paramjit Singh

14.9.2010 Member Member President