BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.<br /> Complaint No.73 of 2008<br /> Date of Institution:17.06.2008<br /> Date of Service:10.07.2008<br /> Date of Decision:25.09.2008<br /> <br /> Arshdeep Singh (aged 25 years) son of Jarnail Singh, resident of VPO: Rode, Tehsil; Bagha Purana, District Moga.<br /> Complainant.<br /> <br /> Versus<br /> <br /> 1. 1. Punjab State Electricity Board, through its Secretary, The Mall, Patiala.<br /> 2. Senior Executive Engineer, Punjab State Electricity Board, Bagha Purana, Distt.Moga.<br /> 3. Sub Divisional Officer, Punjab State Electricity Board, Bagha Purana, Distt.Moga.<br /> <br /> Opposite parties. <br /> <br /> Complaint under section 12 of The<br /> Consumer Protection Act, 1986.<br /> <br /> Quorum: Sh.J.S.Chawla, President<br /> Smt.Bhupinder Kaur, Member<br /> Sh.Jit Singh Mallah, Member<br /> <br /> Present: Sh.R.K.Sharma, Adv.counsel for the complainant.<br /> Sh.R.K.Goyal, Adv.counsel for the OPs.<br /> <br /> (J.S.CHAWLA, PRESIDENT)<br /> Sh.Harpal Singh complainant has filed the present complaint under section 12 of The Consumer Protection Act, 1986 (herein-after referred to as ‘Act’) against Punjab State Electricity Board through its Secretary and others-opposite parties (herein-after referred to as ‘Board’) directing them to quash the illegal demand of Rs.23290/- raised vide bill dated 26.5.2008 and also to pay Rs.10000/- as compensation for causing mental tension and harassment beside costs of litigation.<br /> 2. Briefly stated, Sh.Harpal Singh complainant is a ‘consumer’ of the OPs-Board having domestic electric connection bearing account no.AR51/0246L installed at his residential premises having sanctioned load of 3.87 KW in the name of his father Jarnail Singh. That said Jarnail Singh has since been died and after his death, the complainant has been using the premises and electric connection in question being as ‘beneficiary’ and has been paying the consumption charges regularly and nothing is due against him. That he received a bill dated 26.5.2008 in which the OPs-Board demanded Rs.23290/-. That the said demand is altogether illegal, unjust, void at law and against the rules and regulations of the PSEB. That no notice of any kind has been issued to him before adding the impugned amount in his consumption bill. That he never committed any theft of energy. That on the receipt of said illegal demand raised by the OPs-Board, the complainant approached the office of OPs-Board time and again and requested to withdraw the impugned amount, but all in vain. That the aforesaid act and conduct of the OPs-Board had caused great inconvenience, harassment and mental agony to him for which he has claimed Rs.10000/- as compensation beside costs of the litigation. Hence the present complaint.<br /> 3. Notice of the complaint was given to the OPs-Board, who appeared through Sh.R.K.Goyal Advocate and filed written reply contesting the same. They took up preliminary objections that the complaint is not maintainable in the present form and that there is no deficiency in service on the part of the OPs-Board. On merits, it was averred that the electric connection in question has been installed in the name of Jarnail Singh and thus, the complainant has no agreement with the OPs-Board. Further no application has ever been submitted by the complainant with them to transfer the said connection in his name. So, he is not a ‘consumer’ of the OPs-Board. It was further averred that in fact on 6.3.2008, Sh.Amarjit Singh Brar, AEE/SDO PSEB, Bagha Purana during his checking, found the complainant using the electric supply by illegal means i.e. by inserting the film in the meter and he declared it as a case of ‘theft of energy’. The checking was conducted in the presence of the complainant, but he refused to sign the checking report. Thereafter, provisional notice no.912/14 dated 24.3.2008 was issued to the complainant demanding Rs.23290/- under section 126 of Electricity Act, 2003 on account of theft of energy. That due to non payment of the amount of the notice, the impugned demand amounting to Rs.23290/- added in the consumption bill of the complainant dated 26.5.2008 to which the OPs-Board is legally entitled to recover. All other allegations contained in the complaint were specifically denied being wrong and incorrect. Hence, it was prayed that the complaint filed by the complainant has no merit and it deserves dismissal.<br /> 4. In order to prove his case, the complainant tendered in evidence his affidavit Ex.A1, copies of bills Ex.A2 to Ex.A6 and closed his evidence.<br /> 5. To rebut the evidence of the complainant, the OPs-Board tendered in evidence joint affidavit of Sh.Damanjit Singh Toor Sr.XEN and Sh.Amarjeet Singh, AEE Ex.R1, copy of notice Ex.R2, copy of checking report Ex.R3 , copy of circular Ex.R4 and closed their evidence.<br /> 6. We have heard the arguments of Sh.R.K.Sharma ld. counsel for the complainant and Sh.R.K.Goyal ld. counsel for the OPs-Board and have very carefully perused the evidence on the file.<br /> 7. Sh.R.K.Sharma ld. counsel for the complainant has mainly argued that the impugned demand of Rs.23290/- raised vide consumption bill dated 26.5.2008 from the complainant is illegal and unlawful because the complainant had never indulged in theft of energy. <br /> 9. On the other hand, Sh.R.K.Goyal ld.counsel for the OPs-Board has mainly argued that in fact on 6.3.2008, Sh.Amarjit Singh Brar, AEE/SDO PSEB, Bagha Purana during his checking, found the complainant using the electric supply by illegal means i.e. by inserting the film in the meter and declared it as a case of ‘theft of energy’. Moreover, the checking was conducted in the presence of the complainant, but he refused to sign the checking report. Thereafter, provisional notice no.912/14 dated 24.3.2008 was issued to the complainant demanding Rs.23290/- under section 126 of Electricity Act, 2003 on account of ‘theft of energy’. That due to non payment of the amount of the notice, the impugned demand amounting to Rs.23290/- was added in the consumption bill of the complainant dated 26.5.2008 to which the OPs-Board is legally entitled to recover. This contention of the ld.counsel for the OPs-Board has full force. Admittedly, on 06.03.2008 the premise of the complainant was checked by Sh.Amarjit Singh, AEE/SDO PSEB, Bagha Purana in the presence of the complainant who found him committing the theft of energy in the aforesaid manners. The checking was conducted in the presence of the complainant but he refused to sign the checking report. Thereafter, provisional notice no. 912/14 dated 24.3.2008 was issued to the complainant demanding Rs.23290/- under section 126 of Electricity Act, 2003 on account of ‘theft of energy’. In the instant case, the OPs-Board had issued the notice of provisional assessment for unauthorized use of electricity in exercise of power under section 126 of Electricity Act 2003 asking the complainant to give its reply within 7 days. But the complainant has failed to file any reply against the same. Thus, the said notices have become the final order.<br /> 10. Moreover, under the new Electricity Act, 2003 this Forum has got no jurisdiction to entertain and try this complaint because the only remedy available to the complainant is to file an appeal under section 127 of the Electricity Act 2003 before the Appellant Authority i.e. Divisional Commissioner/ Addl. Deputy Commissioner or Sub Divisional Magistrate as the case may be, against the orders of the Assessing Officer made under section 126 of the said Act. Hence, in view of the latest provisions of Electricity Act 2003 and circulars of the PSEB, this Forum has got no jurisdiction to entertain and try this complaint on account of ‘theft of energy’ in the aforesaid manners. <br /> 11. Furthermore, the charge of theft has been proved from the checking report Ex.R3. To corroborate it, the OPs-Board has produced joint affidavit of Sh.Damanjit Singh Toor Sr.XEN and Sh.Amarjeet Singh, AEE Ex.R1, copy of notice Ex.R2, copy of checking report Ex.R3 and copy of circular Ex.R4.<br /> 12. On the other hand, the complainant has failed to lead any cogent and convincing evidence to prove that he was not committing ‘theft of electricity’ except his own affidavit Ex.A1. There is no corroboration to his affidavit that he was not stealing the electricity by illegal means. Moreover, he has reason to give false affidavit in order to save himself from the consequences of being caught red handed while stealing the electricity by illegal means. Thus, no reliance could be placed on the affidavit Ex.A1 of the complainant and we discard the same.<br /> 13. Further, the checking party had acted in accordance with rules and regulations issued by PSEB from time to time and in discharge of their official duties. They were supposed to do all their acts bonafidely and in good faith and without any malice or motive. The complainant has not alleged any ill-will or animus against them. They have no reason to make a wrong report against him. In view of these circumstances, we hold that on 6.3.2008 the complainant was found stealing the electricity by aforesaid illegal means. Thus, the impugned demand of Rs.23290/- made from the complainant on account of ‘theft of energy’ by the OPs-Board was quite legal and valid and as per rules and instructions of the PSEB. Hence, the complainant has failed to prove if there was any deficiency of service on the part of the OPs-Board. <br /> 14. The ld.counsel for the parties did not urge or argue any other point before us.<br /> 15. In view of the aforesaid facts and circumstances, the complaint filed by the complainant has no merit and the same is dismissed. In view of the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order shall be sent to the parties free of cost and thereafter, the file be consigned to the record room.<br /> <br /> (Bhupinder Kaur) (Jit Singh Mallah) (J.S.Chawla)<br /> Member Member President<br /> Announced in Open Forum.<br /> Dated:25.09.2008.<br /> <br /> hrg*<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />