BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.<br /> <br /> Complaint No: 21 of 2008.<br /> Instituted On: 11.03.2008.<br /> Date of Service: 20.03.2008.<br /> Decided On: 03.07.2008.<br /> <br /> Harbans Singh son of Manni Singh, resident of Gholia Kalan, Distt.Moga.<br /> <br /> Complainant.<br /> <br /> Versus<br /> <br /> 1. Punjab State Electricity Board, through its Secretary, The Mall, Patiala.<br /> 2. Executive Engineer, Punjab State Electricity Board, Bagha Purana, Distt.Moga.<br /> 3. Sub Divisional Officer, Punjab State Electricity Board, Smadh Bhai, 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 /> Sh.Bhupinder Kaur, Member.<br /> <br /> Present: Sh.Arun Sood, Advocate counsel for the complainant.<br /> Sh.S.K.Dhir, Advocate counsel for the OPs.<br /> <br /> (J.S.CHAWLA, PRESIDENT)<br /> Sh.Harbans 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, Patiala and others (herein-after referred to as ‘Board’)-opposite parties directing them to quash the demand of Rs. 1182/- raised vide memo no.165 dated 4.2.2008; not to recover said amount in any manner; to restore his electric supply and also to pay Rs.90000/- as compensation for causing mental tension and harassment beside costs of litigation.<br /> 2. Briefly stated, Sh.Harbans Singh complainant is a ‘consumer’ of the Opposite Parties-Board having domestic electric connection no.DT64/0336 with sanctioned load of 0.56 KW at his residential premises. That the complainant had been paying the consumption charges regularly and nothing was due against him. That previously the OPs-Board sent him bill dated 4.3.2006 for Rs.2770/- which he did not pay in time due to some unavoidable circumstances and in consequence, the OPs-Board disconnected his connection. Thereafter, the complainant had approached the OPs-Board to restore his electric connection and deposited Rs.3270/- alongwith restoration charges, but inspite of depositing the demanded amount, the OPs-Board did not restore his connection, rather sent him a further memo no.165 dated 4.2.2008 for Rs.1182/- on account of balance amount. That the impugned demand raised by the OPs-Board is illegal, unwarranted and against the rules and regulations of the OPs-Board. That the complainant had approached the office of OPs-Board number of times and requested to withdraw the impugned demand and to restore his electric connection, but to no effect. That the aforesaid act and conduct of the OPs-Board had caused great inconvenience, harassment and mental agony to the complainant for which he has claimed Rs.90000/- as compensation. <br /> 3. Notice of the complaint was given to the OPs-Board, who appeared through Sh.S.K.Dhir Advocate and filed written reply contesting the same. They took up preliminary objections that the complaint is not maintainable in the present form; that there is no deficiency in service on the part of the OPs-Board and that the complainant is estopped by his own act and conduct to file the present complaint. On merits, it was alleged that in fact the electric connection in question was permanently disconnected on 26.4.2006 on account of non payment of consumption charges; that the complainant made outstanding payment amounting to Rs.3270/- on 5.5.2006 upto 8.4.2006 and bill of Rs.1182/- for the period 9.4.2006 to 26.4.2006 remained pending against the complainant which he did not deposit so far. Hence, as per the rules and regulations of the PSEB after effecting the PDCO, the agreement between the consumer and OPs-Board has been terminated and the consumer has to make the fresh agreement by filing fresh A & A form alongwith other required documents for the purpose of reconnection. It was further alleged that for this purpose, he has to pay outstanding consumption charges, minimum charges, reconnection charges and other charges leviable by the OPs-Board. That the complainant did not deposit the requisite fee and other charges upto this date. Moreover, the complainant has been using the energy illegally by fixing the direct wire voluntarily and stealing the electricity without any right. Thus, there was no deficiency in service on the part of the OPs-Board. 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, copy of bill Ex.A2, receipt Ex.A3, copy of memo Ex.A4 and closed his evidence. <br /> 5. To rebut the evidence of the complainant, the OPs-Board tendered in evidence affidavit Ex.R1 of Sh.Damanjit Singh Toor, Sr.XEN, affidavit Ex.R2 of Sukhdev Singh SDO, copy of PDCO Ex.R3, copies of ledger Ex.R4 to Ex.R8 and closed their evidence.<br /> 6. We have heard the arguments of Sh.Arun Sood ld. counsel for the complainant and Sh.S.K.Dhir ld. counsel for the OPs-Board and have very carefully perused the evidence on the file.<br /> 7. Admittedly, the electric connection of the complainant was permanently disconnected on 26.4.2006 on account of non payment of consumption charges for Rs.3270/- upto 8.4.2006. Thereafter, the complainant paid the impugned demand of Rs.3270/- vide bill Ex.A2 on 5.5.2006. The said demand was for the consumption charges upto 8.4.2006, but the bill of Rs.1182/- for the period 9.4.2006 to 26.4.2006 remained unpaid and the complainant did not deposit the same till date. Due to non payment of the aforesaid outstanding amount, the OPs-Board had permanently disconnected his electric connection in question. It is mentioned in the affidavits Ex.R1 and Ex.R2 of Sh.Damanjit Singh Toor, Sr.XEN and Sh.Sukhdev Singh SDO respectively that as per the rules and regulations of PSEB after effecting the PDCO, the agreement between the consumer and PSEB stand terminated and the consumer has to make the fresh agreement by filing fresh A & A form alongwith other required documents for the purpose of reconnection. For this purpose, he has to pay outstanding consumption charges, minimum charges, reconnection charges and other charges leviable by the OPs-Board, but the complainant did not deposit the same till date. It is further mentioned in the affidavits Ex.R1 and Ex.R2 that the complainant has been using the energy illegally by fixing the direct wire voluntarily and stealing the electricity without any right. To rebut these allegations, the complainant did not produce any evidence. <br /> 8. In view of the aforesaid facts and circumstances, we are of the opinion that there is no deficiency in service on the part of the OPs-Board. Therefore, the OPs-Board has rightly disconnected the electric connection of the complainant permanently. <br /> 9. To prove the aforesaid contention, the OPs-Board has produced affidavit Ex.R1 of Sh.Damanjit Singh Toor, Sr.XEN, affidavit Ex.R2 of Sukhdev Singh SDO, copy of PDCO Ex.R3, copies of ledger Ex.R4 to Ex.R8 and we believe and rely upon the same. On the other hand, no reliance could be placed on affidavit Ex.A1 of the complainant and documents Ex.A2 to Ex.A4 and we discard the same. <br /> 10. The ld. counsel for the parties did not urge or argue any other point before us.<br /> 11. In view of the aforesaid facts and circumstances of the case, 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) (J.S.Chawla)<br /> Member President<br /> Announced in Open Forum.<br /> Dated:03.07.2008.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />