Mohinder Singh 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 charges of Rs.6882/- and to pay Rs.10000/- as compensation for causing mental tension and harassment and Rs.2000/- as litigation expenses.<br /> 2. The complainant averred in his complaint that he is the consumer of the opposite parties having a electric connection bearing account No. BL-18/0149 with a sanctioned load of 1.00 KWs for running a small electric shop for his exclusive self employment. He is paying all the electricity consumption bills as and when received by him. The connection of the complainant was checked by the officials of the PSEB but on that day the electric voltage was very low as such no proper checking was made and nothing wrong was found at the spot. Now he received a letter memo No. 2472 dated 15/11/2006 in which the opposite party No. 2 raised demand of Rs.6882/- on account of alleged theft which is quite illegal, unlawful and against the rules and instructions of the PSEB. The complainant never committed any theft of electricity as alleged as there was no light at the premises of the complainant due to fault when the connection was checked. No checking report was prepared at site, nor any copy of the checking report was ever supplied to the complainant as per rules and regulations of the PSEB which is mandatory one. After the receipt of letter he approached the opposite party No. 2 with the request to withdraw the illegal and unlawful demand as he never committed any theft but they did not agree rather threatening to charge the amount as sundry in the bill and further to disconnect the connection of the complainant in case the amount charged is not deposited which is clear cut deficiency in service on the part of the opposite parties. The act and conduct of the opposite parties have caused great mental tension and harassment for which he claims a sum of Rs.10,000/- as compensation from the opposite parties besides Rs.2000/- 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 19-12-2006 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. B.B.Khurana 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 consumer of the opposite parties as he is using the supply of power for commercial purpose so the complaint be dismissed on this ground. The complaint has not been properly and technically verified as it does not mention the number of paras of the complaint so the complaint is liable to be dismissed. The complaint is without any cause and merit. The present complaint is not maintainable in this Forum as this Hon'ble Forum entertain complaints of consumer dispute nature whereas the present complaint deals with fraudulent abstraction of energy by the complainant. Hence the jurisdiction of this Hon'ble Forum is denied. The complainant has not come to the Forum with clean hands as he has been caught red handed while indulging in act of theft of energy. On merit it is admitted that the connection is in the name of Mohinder Singh but he is not the consumer of the opposite parties. The amount of Rs.6882/- is still pending against the consumer and the same is recoverable from him. The connection of the complainant was checked by the Flying Squad of the PSEB Ferozepur on 8/11/2006 and during checking it was detected that the complainant was indulging in fraudulent abstraction of energy by earthing the meter. A show cause notice No. 2472 dated 15/11/2006 for Rs.6882/- was issued to the complainant in this regard. He was caught red handed and the charges imposted are lawful, legal and recoverable. To cover up his own omissions and commissions he is creating false stories of no light or low voltage. The disconnection of the connection in arrears is not a threat or deficiency but it is a mode of recovery which is legal and lawful under the provisions of PSEB. No conduct or action of the opposite parties has caused any mental 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 notice No. 2472 dated 15/11/2006 Ex.C-2 and supplementary affidavit of complainant Ex.C-3 and closed his evidence. <br /> 6. In order to rebut the evidence of the complainant the opposite parties tendered in evidence affidavit of Charanjit Singh Mann AEE Ex.R-1, affidavit of Jasbir Singh Sr. Xen Enforcement Ferozepur Ex.R-2, copy of enforcement checking report dated 8/11/2006 Ex.R-3, copy of notice dated 15/11/2006 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.6882/- vide letter No. 2472 dated 15/11/2006 issued by the opposite party No. 2. The allegations of theft are illegal and unlawful. These are against rules and instructions of the PSEB. <br /> 9. Learned Counsel for the opposite parties have submitted that the complainant was committing theft of energy by changing polarity of the load in the electric connection in question by using unauthorized earth connection due to which the meter does not show consumption of electricity.<br /> 10. From the perusal of the file it is made out that Senior Xen Enforcement Ferozepur Jasbir Singh checked the premises of the connection No. BL-18/0149 on 8/11/2006 in the presence of the complainant. He detected that polarity of the meter had been interchanged by the complainant intentionally and the disk of the meter had been stopped at the load by earthing the meter to the consumer the electricity without metering it i.e to fraudulently abstract the energy by way of bypassing the meter. He has proved report Ex.R-3 which has been signed by the complainant Mohinder Singh at the time of checking of the electric connection. Thus it cannot be said that the opposite parties are making false depositions in this regard. There is no animosity of any kind of the opposite parties with the complainant. So there is no deficiency of service on the part of the opposite parties provided by them to the complainant. So the complaint filed by the complainant is dismissed. No order as to costs due to peculiar circumstances of the case. 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: 19/7/2007<br /> <br /> <br />