Punjab

Sangrur

CC/384/2018

Mohd. Shabir - Complainant(s)

Versus

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

Sh.Amit Aggarwal

17 May 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR

                                                             

                                               

                                                                                                 Complaint no. 384

                                                                                                 Instituted on:  18.09.2018  

                                                                                                 Decided on:    17.05.2019

 

 

Mohd. Shabir son of Mohd. Rafiq, resident of Village Naushera, Malerkotla, District Sangrur.

           

                                                …. Complainant  

                                Versus

 

1.       Punjab State Power Corporation Limited through its MD, The Mall, Patiala.

2.       Asstt. Executive Engineer/SDO, Sub Division, Sub Urban, Punjab State Power Corporation Ltd. Malerkotla 148023.

                                               ….Opposite parties.

 

FOR THE COMPLAINANT          :   Shri  Amit Aggarwal,   Adv.

FOR THE OPP. PARTIES               :   Shri Dhiraj Jindal, Advocate                         

 

Quorum              

                            

Vinod Kumar Gulati,   PresidingMember

Manisha, Member

 

ORDER:   

 

Vinod Kumar Gulati, Presiding Member

 

1.             Shri Mohd. Shabir, complainant (referred to as complainant in short) has preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that he is a consumer of the OPs being the user of electricity connection bearing account number L36NM520271K, which has been installed in the name of Mohd. Ashraf. The complainant has been using the electricity connection and paying the bills regularly.  The case of the complainant is that he is aggrieved on receiving the bill dated 29.8.2018 for Rs.57,810/-, in which an amount of Rs.50,184/- has been shown as current year arrears, which are said to be wrong and without any basis as the complainant never remained in arrears. Thus, alleging deficiency in service on the part of OPs, the complainant has prayed that the Ops be directed to correct the bill dated 29.8.2018 for Rs.58,966/- and further to pay compensation and litigation expenses.

 

2.             In reply filed by the OPs, legal objections are taken up on the grounds that the complainant is not a consumer of the Ops, that this Forum has no jurisdiction to entertain the complaint, that the complaint is not maintainable, that the complainant has not come to the Forum with clean hands, that the complainant has no cause of action to file the present complaint.  On merits, it is admitted that the connection in question is in the name of Mohd. Ashraf. It submitted that the electric connection of the complainant was checked on 7.1.2017 on which theft case was made out against the consumer, whereby he was found using direct supply from the main PVC by using 5-6 meter wire and the person residing in the house refused to sign the checking report. Thereafter letter dated 24.1.2017 was sent to the consumer for theft of electricity and order for theft of Rs.42,534/-, in which Rs.33,534/- are on account penalty of theft and Rs.9000/- are of compounding charges and letter dated 24.1.2017 was also sent for registration of a FIR against the complainant under section 135 of Electricity Act, 2003. It is further admitted that bill dated 29.8.2018 for Rs.57,810/- was issued to the complainant wherein an amount of Rs.50,184/- were shown as current year arrears.

 

3.             The complainant has produced documents Ex.C/1 to Ex.C/6 and closed evidence. The learned counsel for Ops has produced Ex.OP/1 to Ex.OP/14 and closed evidence.

 

4.             We have gone through the documents produced by the Ops Ex.OP-1 to Ex.OP-14.  A bare perusal of the document i.e. checking report ExOP-2 shows that the checking of the above said connection bearing account number MF52/271 was conducted by the officials of the PSPCL on 7.1.2017 and found that there was no meter in the house of the complainant and the complainant was committing theft of electricity by using direct supply from the main PVC  by using 5-6 meter wire Checking report was prepared and demand of Rs.33,534/- was raised on account of theft of electricity and the complainant was issued notice dated 24.1.2017 under section 135 of the Electricity Act and the complainant was asked to deposit Rs.33,534/- on account of theft of electricity and Rs.9,000/- on account of compounding charges. It is contended by the learned counsel for the Ops that it being a case of theft of electricity is not maintainable before this Forum.     To support this contention, the learned counsel for the Ops has cited the judgment of the Hon’ble Supreme Court in case titled as UP Power Corporation Ltd. and others versus Anis Ahmed, Appeal No.5466 of 2012 decided on 1.7.2013, as per which the complaint made against the assessment made by the assessing officer under section 126 or against the offences committed under section 135-140 of Electricity Act, 2003 is not maintainable before the Consumer Forum.  Accordingly, the complaint of the complainant is dismissed. However, the complainant is at liberty to approach the competent court of law for redressal of his grievance, if so desires.  A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.                    

                Pronounced.

                May 17, 2019.

 

 

                                                                                                                                                                       ( Vinod Kumar Gulati)

                                                                                                                                                                          Presiding Member 

 

                                                                                                                                                                            (Manisha)

                                                                                                                                                                              Member

 

                                                                                                                                                                             

 (Manisha)