Manjit Kaur complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 requiring the opposite parties to withdraw the illegal and unlawful sundry charges of Rs.3756/- and to pay Rs.10000/- as compensation for causing mental tension and harassment and Rs.3000/- as litigation expenses.<br /> 2. The complainant averred in her complaint that he is the consumer of the opposite parties having an electric connection bearing account No. BR-27/0156 with connected load of 2.60 KWs in her name. The complainant is paying all the electricity consumption bills as and when received by the complainant and at present nothing on account of consumption charges is due against the complainant. The complainant has received a bill issued on 24/7/2006 in which the opposite parties have charged as amount of Rs.3756/- as sundry charges, which is illegal, unlawful and against the instructions of the PSEB. The opposite parties have not supplied any detail of the sundry charges in the bill in question as required under the provisions of law. No notice or supplementary bill as required under the instructions of the PSEB has been served upon the complainant before charging of the amount as sundry charges, which is quite illegal and unlawful. After receipt of the bill in question the complainant visited the office of the opposite party No. 2 and contacted the R.A. of opposite party No. 2 and inquired about the sundry charges charged in the bill in question and it was told by the R.A. that these charges are on account of some theft case. The complainant was asked to contact the AEE and the complainant then contacted the AEE and asked him that she has never committed any theft of energy then whey the charges of Rs.4756/- has been charged from her but the AEE refused to comment anything in this regard and rather threatened the complainant to deposit the whole of the amount of the bill in question in time otherwise her connection will be disconnected. The act of the opposite party amounts to deficiency in service and unfair trade practice. The opposite parties are willfully and intentionally harassing the complainant for the reasons best known to them. The act and conduct of the opposite parties has caused a great mental tension and harassment to the complainant for which the complainant hereby claims Rs.10,000/- as compensation besides Rs.3000/- as litigation expenses. Hence the present complaint. <br /> 3. The counsel for complainant was heard with regard to admission of the complaint and vide order dated 14-8-2006 complaint was admitted and notice was ordered to be issued to the opposite parties. <br /> 4. On receipt of notice the opposite parties appeared through Sh. Rajneesh Garg Advocate and filed written reply taking preliminary objections that the opposite parties have constituted various Dispute Settlement Committees so as to settle the dispute arising between the parties but the complainant has not put his case before the said committee so the present complaint is not maintainable. The complainant is not the consumer of the opposite parties as defined under Consumer Protection Act and the complainant was committing the theft of electricity of opposite parties and as such she does not come under the purview of the act. On merits it is admitted that the present connection is working in the name of the complainant. The amount of Rs.3756/- is due and recoverable by the opposite parties from the complainant. It is wrong that the amount has been charged illegally, unlawfully and against the instructions of the PSEB. The connection of the complainant was checked by the official of the opposite parties on 22/12/2005 and during checking it was found that the complainant was committing theft of energy. The X-ray film was entered in the meter of the complainant. In this way she was controlling the electricity and was committing the theft of energy. The present amount has been charged on account of theft. Checking report was prepared by the official at the spot but she refused to sign the same. After that registered notice dated 6/1/2006 was sent to the complainant with the request to deposit the amount but she did not deposit the amount so present bill has been issued legally and lawfully. The complete detail of the amount were given by the opposite parties to the complainant. The opposite parties has not caused any mental tension and harassment to the complainant. Hence the complaint be dismissed with costs. <br /> 5. Both the parties wanted to lead evidence to prove their respective pleadings and proper opportunity was given to them. The complainant tendered in evidence his affidavit Ex.C-1, photocopy of bill dated 24/7/2006 Ex.C-2, copy of bill Ex.C-3and closed her evidence. <br /> 6. In order to rebut the evidence of the complainant the opposite parties tendered in evidence affidavit of K.S.Brar AEE PSEB Bargari Ex.R-1,affidavit of Amarjit Singh AAE PSEB Ex.R-2, photocopy of checking report Ex.R-3, copy of notice Ex.R-4 and closed their evidence. <br /> 7. We have heard the learned counsel for the parties and have very carefully gone through the affidavits and documents on the file. Our observations and findings are as under.<br /> 8. Learned counsel for the complainant submitted that the opposite parties have illegally and unlawfully made demand of Rs.3756/- vide bill issued on 24/7/2006 issued by the opposite party No. 2. This demand is illegal, unlawful and against the rules of the opposite parties. There was no theft of energy committed by the complainant. <br /> 9. The learned counsel for the opposite parties submitted that the complainant had been committing theft of energy by putting X-ray film in the electric meter. This theft has been proved by the opposite parties vide checking report Ex.R-3 communicated to the complainant vide notice Ex.R-4 with regard to which no reply has been filed by the complainant. <br /> 10. From the perusal of the checking report Ex.R-3 it is made out that name of the consumer has not been mentioned so also it is not mentioned as to which consumer have refused to sign the checking report. Date of checking also not mentioned in the checking report Ex.R-3. It is also not mentioned that the connection is DS or NRS. No any X-ray film or any other mode of theft produced by the opposite parties in the Forum and not proved by the opposite parties. In the checking report all the columns blank and no meter particulars had been mentioned in the checking report. So the checking report is not properly completed. Details of load also not given in the checking report. Checking report is not detailed and comprehensive which is required to be detailed and comprehensive as per law. <br /> 11. In view of the above noted facts and circumstances the opposite parties have failed to prove theft of energy with cogent evidence which is required to be proved as if it is a criminal case so the complaint filed by the complainant is accepted with no order as to costs due to peculiar circumstances of the case. The opposite parties are directed to withdraw the amount of Rs.3756/- charged in the bill issued on 24/7/2006 within one month from the date of the receipt of the copy of this order. In case, if any, amount already deposited by the complainant the same would be refunded to the complainant or adjusted in the subsequent bills. Copies of the order be sent to the parties free of costs. File be consigned to the record room. <br /> Announced in open Forum:<br /> Dated: 20/7/2007<br />