Punjab

StateCommission

FA/462/2013

Darshan Lal - Complainant(s)

Versus

Punjab State Power Corporation Limited and another - Opp.Party(s)

Mandeep Singh Sodhi

05 Oct 2015

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL COMMISSION,  PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                                     

                   First Appeal No.462 of 2013

 

                                                Date of Institution: 22.04.2013

                                                Date of Decision :  05.10.2015

 

Darshan Lal son of Kashmiri Lal, resident of Village Khunder Uttar, Tehsil Guruharsahai, District Ferozepur.          

                                                                                                                                                                             …..Appellant/ Complainant  

 

                                      Versus

 

1.      Punjab State Power Corporation Limited, through its Sub  Divisional Officer, Mamdot, Tehsil and District Ferozepur.

 

2.      Punjab State Power Corporation Limited, Patiala through its  Managing Director/Authorized Signatory.

 

 

                                                                                                                                                     … Respondents/Opposite Parties

 

First Appeal against order dated 22.03.2013 passed by the District Consumer Disputes Redressal Forum,  Ferozepur

Quorum:-

 

          Shri J. S. Klar, Presiding Judicial Member.

              Shri. Jasbir Singh, Gill, Member

Present:-

          For the appellant                   :         None

          For the respondents    :         Sh.S.S Siao, Advocate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

J.S KLAR, PRESIDING JUDICIAL MEMBER :-

         

          The appellant of this appeal (the complainant in the complaint) has directed this appeal against the respondents of this appeal (the opposite parties in the complaint), challenging order dated 22.03.2013 of District Consumer Disputes Redressal Forum Ferozepur, dismissing the complaint of the complainant. The instant appeal has been preferred by the complainant now appellant in this appeal against the same.

2.      The complainant Darshan Lal has filed  the complaint U/s 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the OPs on the averments that he being holder of domestic electric connection bearing no.RE 49/1376 installed at village Khunder Uttar, Tehsil Gurharsahai District Ferozepur has been regularly paying the consumption bills issued by OPs against proper receipts. The complainant has been using the electricity for domestic purposes from his domestic electric connection. The complainant has not consumed it for any commercial purposes nor he used it in excess than the sanctioned load. The complainant has also not been playing cable T.V from the electric connection in question and he has not bound the wires from the 27 poles of the OPs. OP No.1 issued memo no. 1784 dated 12.10.2012 to complainant delivered on 29.10.2012 to complainant imposing penalty of Rs.25,503/- for unauthorized use of excess load than the sanctioned load and winding the wires with 27 poles of OPs. The complainant challenged the above-referred demand, as unauthorized and illegal. The complainant has filed consumer complaint against OPs praying that OPs be directed to withdraw the memo in question raising the above demand and further to pay compensation of Rs.50,000/- for mental harassment and Rs.5500/- as costs of litigation.

3.      Upon notice, OPs appeared and filed written reply by raising preliminary objections that complaint is not maintainable. The complaint pertains to unauthorized use of electricity by the complainant. The complainant is estopped by his act and conduct from filing the complaint. The complainant came to the Consumer Forum with unclean hands by suppressing the material facts. It was further averred that surprise checking was done by Additional SE (Enforcement) PSPCL Circle Ferozepur along with other staff on 10.10.2012 in the premises of the complainant and it was found that complainant has not taken electricity connection for his domestic use, but actually has been using it for operating and supplying the cable network program near the related area. The complainant has been using the domestic electric supply for commercial purposes and thereby was causing set back to the revenue of the OPs. The checking official found 4.286 kw running load on the spot of the complainant against the sanctioned load, which was much less than it. The checking report was prepared on the spot and authorized representative of the complainant namely Krishna Devi refused to put signatures on the checking report. After preparing the checking report, the checking official duly handed over a copy of checking report to the above-said lady/representative of the complainant. The notice bearing no.1784 dated 12.10.2012 under Section 126 of the Electricity Act was issued to the complainant. Difference of tariff from DS to NRS running unauthorizedly additional load and for rent of using the PSPCL poles has been rightly demanded by OPs from the complainant. It was further pleaded on merits by the OPs that complainant was caught in using electricity connection for commercial purposes for running cable TV network from his domestic electric supply. OPs prayed for dismissal of the complaint.

4.      The complainant tendered in evidence, his affidavit Ex.C-1. As against it, OPs tendered in evidence copies of documents Ex.R-1 to Ex.R-3 and Ex.R-6 affidavit of Er.H.S Sidhu, Additional SE (Enforcement) PSPCL Ex.R-4, affidavit of Joginder Singh Ex-Sarpanch Ex.R-5. On conclusion of evidence and arguments, the District Forum Ferozepur, dismissed the complaint of the complainant, by virtue of order dated 22.03.2013 of District Forum Ferozepur. Dissatisfied with the order of the District Forum Ferozepur, the complainant now appellant has preferred this appeal against the same.

5.      We have heard learned counsel for the respondent in this appeal as none appeared for the appellant since after 23.04.2014. We proceed to dispose of the appeal on the basis of its merits with the aid of evidence on the record as nobody has put in appearance on behalf of appellant for the last many dates. Affidavit of complainant Ex.C-1 on the record and  he admitted this fact that he is connection holder of bearing account no.RE 49/1376 installed at village Khunder Uttar, Tehsil Guruharsahai District Ferozepur. He denied this fact that he used the electricity connection for commercial purposes by winding the wires with 27 poles of the OPs. On the other hand, OPs tendered in evidence copy of report Ex.R-1, this is the checking report prepared by Enforcement SE PSPCL Ferozepur and it is proved that Krishna Devi declined to sign the report, who was present in the house, as representative of the complainant. This report has proved that the running load of the complainant was 4.286 against his sanctioned load. Ex.R-2 is memo no.1784 dated 12.10.2012 sent to complainant by OPs, vide which demand of Rs.25,503/- was raised from the complainant. The resolution passed by Gram Panchyat Ex.R-3 to the effect that complainant has been unauthorizedly used the electricity supply from domestic purposes to commercial purposes for running cable network in 20 villages.  Affidavit of Er.H.S Sidhu Additional SE (Enforcement) PSPCL Ex.R-4 is on the record. He has proved checking report Ex.R-1 on the record. Affidavit of Joginder Singh Ex-Sarpanch of the village is Ex.R-5 in support of the case of the OPs. Copy of the resolution is Ex.R-6.

6.      From appraisal of the above-referred evidence on the record and hearing respective submissions of counsel for the respondent, we find no ground to accept the application of the appellant for additional evidence to the effect that the resolution of Gram Panchayat Ex.R-3 is forged document. This matter cannot be looked into summary proceedings. We have to consider it on the face of it. In addition to that, the checking report has proved that complainant was using the unauthorized load much more than his sanctioned load by operating the cable network. The complainant also wound the wires on 27 poles of the OPs. Case falls under unauthorized use of the electricity by the complainant for the purpose of commercial use by diverting it from domestic purpose and thereby misusing the sanctioned load. Consequently, in view of conduct of the complainant, we find no illegality or material infirmity in the order of the District Forum calling for any interference therein in this appeal.

7.      As a result of our above discussion, we affirm the order of the District Forum Ferozepur 22.03.2013, under challenge in this case and resultantly the appeal filed by the appellant/complainant is ordered to be dismissed.

8.      Arguments in this appeal were heard on 23.09.2015 and the order was reserved. Copies of the order be communicated to the parties as per rules.

9.      The appeal could not be decided within the statutory period due to heavy pendency of court cases.

 

                                                                          (J. S. KLAR)

                                                          PRESIDING JUDICIAL MEMBER

                       

                                                         

                                                                (JASBIR SINGH GILL)

                                                                             MEMBER

 

October 05 ,  2015.                                                             

(ravi)