DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,<br /> BATHINDA(PUNJAB)<br /> <br /> C.C. No.144 of 13.5.2008 Decided on : 24.7.2008 <br /> <br /> Major Singh S/o Sh. Bagga Singh, R/o Village Marri, Tehsil & District Bathinda.<br /> ... Complainant<br /> Versus<br /> <br /> 1.Punjab State Electricity Board, The Mall, Patiala through its Secretary.<br /> 2.S.D.O./A.E.E.,Punjab State Electricity Board, Sub Division, Nathana, District Bathinda.<br /> ..... Opposite parties<br /> <br /> Complaint Under Section 12 of the Consumer Protection Act, 1986<br /> <br /> QUORUM:-<br /> Sh. Lakhbir Singh, President<br /> Dr. Phulinder Preet, Member<br /> <br /> For the complainant : Sh. Pardeep Sharma, Advocate<br /> For the opposite parties : Sh. Jaideep Nayyar,Advocate <br /> <br /> O R D E R. <br /> <br /> LAKHBIR SINGH, PRESIDENT:- <br /> 1. Through this complaint under section 12 of the Consumer protection Act, 1986 (Here-in-after referred to as the Act) complainant seeks direction from this Forum to the opposite parties to quash demand of Rs. 22,320/-; pay him Rs. 10,000/- as compensation on account of mental tension, agony, botheration and harassment caused to him and Rs. 3,300/- as costs of the complaint. Further prayer is that opposite parties should not recover Rs.22,320/-<br /> 2. Briefly put the case of the complainant is that electricity connection bearing A/c No. ANMR-<br /> 15/0048 has been installed at his residence. The average of his bi-monthly bills issued from time to time is Rs.500/-. Memo No.203 dated 27.3.2008 was received by him from the opposite parties vide which they have raised demand of Rs.22,320/- alleging that his connection was checked on 15.3.2008 and he was found committing theft of electricity by way of stopping the meter. He assails this demand as illegal, arbitrary,null and void on the grounds that he did not commit any theft of electricity; wire at the spot was not taken into possession; site was not photographed; meter is running properly and the bills are being issued to him; his connection was not checked in his presence or in the presence of his representative and no opportunity of hearing was afforded to him. When he contacted the concerned officials of the opposite parties in the company of S/Sh. Gurtej Singh and Balwinder Singh, they refused to accept the objections and no heed was paid to his request. No basis or criteria of demand has been disclosed. Accordingly, there is deficiency in service on the part of the opposite parties.<br /> 3. Opposite parties filed their version taking legal objections that complaint is not maintainable in the present form; complainant has no cause of action to file it; he has not approached this Forum with clean hands; complaint is false and frivolous; complainant is not consumer and dispute pertaining to theft of electricity cannot be entertained by this Forum. Inter-alia, their plea is that electricity connection of the complainant bearing A/c No. MR-15/0048 was checked by AEE on 15.3.2008. On checking, it was found that complainant by way of taking out the outgoing phase and neutral from the<br /> meter and by putting towards incoming had stopped the meter which amounted to theft of electricity by unauthorised means. Checking report was prepared at the spot. Complainant had refused to sign it. Remarks regarding the same were made on the checking report itself. Accordingly, provisional order of assessment for unauthorised use of electricity was issued raising demand of Rs. 22,320/- asking him to deposit the amount within seven days or to submit objections, if any, within seven days. Neither he has made the payment nor filed objections. They deny that demand raised is illegal, null and void and arbitrary on the grounds mentioned in the complaint. <br /> 4. In support of his allegations and averments in the complaint, complainant Major Singh tendered into evidence his own affidavits (Ex.C.1 & Ex.C.3), affidavit (Ex.C.2) of Sh. Gurtej Singh, photocopy of provisional order of assessment dated 27.3.2008 (Ex.C.4) and photocopies of bills (Ex.C.5 to Ex.C.9).<br /> 5. On behalf of the opposite parties, reliance is placed on affidavit (Ex.R.1) of Er. Jasbir Singh, SDO, photocopy of Checking report dated 15.3.2008 (Ex.R.2) and photocopy of memo dated 27.3.2008 (Ex.R.3).<br /> 6. We have heard the learned counsel for the parties. Apart from this, we have gone through the record.<br /> 7. Onus to prove theft of electricity is upon the opposite parties. They are required to prove the allegation of theft like a criminal charge. For that there should be very cogent and convincing evidence. Opposite parties have not named the person who had conducted the checking of the electricity connection of the complainant on 15.3.2008. During evidence,<br /> they have placed on record the affidavit of one Jasbir Singh, SDO who has come with the plea that connection was checked by him and the act of the complainant amounted to theft of electricity by unauthorised means. This affidavit of Sh. Jasbir Singh stands amply rebutted with the affidavits Ex.C.1 & Ex.C.3 of the complainant. Affidavits of the complainant also get support from the affidavit of Sh. Gurtej Singh which is Ex.C.2. In case, there was theft of electricity as alleged by opposite parties in the reply of the complaint as well as in the affidavit Ex.R.1, site could be photographed or videographed. This has not been done. As per checking report, copy of which is Ex.R.2, complainant had refused to sign it. In such a situation, it was the duty of the checking officer to paste a copy of the checking report at a conspicuous place in/outside the premises. Simultaneously, copy of the inspection report was to be sent to the complainant under registered post. This has not been done. From this, inference is that there was no theft of electricity. Moreover, there is contravention of the provisions of C/C No. 53/2006 and Punjab State Electricity Regulatory Commission (Electricity Supply Code & Related Matters) Regulations, 2007. Wire could be taken into possession. This has not been done. Allegation of the opposite parties is that complainant by way of taking out the outgoing phase and neutral from the meter and by putting towards incoming had stopped the meter which amounted to theft of energy by unauthorised means. There is no solid evidence that electricity was being used in the house by the complainant despite the fact that meter was lying stopped. If meter was got stopped and supply was going, the reading of the meter as it was could be taken to show the meter reading at that time. The lapse on the part of the concerned official on this account also casts cloud on the story of the opposite parties. In these circumstances, we are of the view that there is no satisfactory evidence to arrive at a conclusion that complainant was committing theft of electricity. When it is so, demand raised through memo dated 27.3.2008 is certainly illegal and arbitrary. Accordingly, the same is set-aside. Deficiency in service on the part of the opposite parties in raising it is proved.<br /> 8. Now question arises as to which relief should be accorded to the complainant. In view of our forgoing discussion, direction deserves to be given to the opposite parties to withdraw the demand of Rs. 22,320/- raised through memo, copy of which is Ex.C.4. Act and conduct of the opposite parties must have caused him mental tension, agony, botheration and harassment for which he deserves some compensation which we assess as Rs. 1,000/-.<br /> 9. In the premises written above, complaint is allowed against the opposite parties with costs of Rs.1,000/-. Opposite parties are directed to do as under :-<br /> (i) Withdraw demand of Rs. 22,320/- raised from the complainant through memo No. 203 dated 27.3.2008, copy of which is Ex.C.4. <br /> (ii) Pay Rs. 1,000/- to the complainant as compensation under section 14(1)(d) of the Act.<br /> (iii) Compliance within 30 days from the date of receipt of copy of this order, failing which amount of compensation would carry interest @ 9% .A till payment.<br /> 10. Copy of this order be sent to the parties free of cost. File be also consigned.<br /> <br /> Pronounced <br /> 24.7.2008 (Lakhbir Singh)<br /> President<br /> <br /> <br /> (Dr.Phulinder Preet) Member <br /> 'bsg' <br />