Punjab

Sangrur

CC/437/2017

Sukhwinder Singh - Complainant(s)

Versus

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

Sh.J.S.Dhiman

11 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    437

                                                Instituted on:      04.09.2017

                                                Decided on:       11.01.2018

 

Sukhwinder Singh aged about 55 years son of Sh. Nachattar Singh, resident of H.No.461, Street No.2, Ward No.1, Sant Attar Singh Nagar, Barnala Road, Near Police Lines, Sangrur.

                                                        ..Complainant

                                        Versus

1.     Punjab State Power Corporation Limited through its Chairman and Managing Director,  The Mall, Patiala.

2.     Assistant Executive Engineer, Punjab State Power Corporation Limited, Sub Division Badrukhan, Tehsil and District Sangrur.

                                                        ..Opposite parties

 

For the complainant    :       Shri J.S.Dhiman, Advocate.

For opposite parties    :       Shri Mohit Verma, Advocate.

 

 

Quorum:    Sukhpal Singh Gill, President

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Sukhwinder Singh, 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 the complainant is a consumer of the OPs by obtaining one electricity connection bearing account number S42PC282180P  at his residence with a sanctioned load of 2.940 KW  and has been using the electricity connection in question and paying the electricity bills regularly to the OPs.

 

2.             The complainant is aggrieved on receiving the bill dated 23.8.2017 for Rs.31,700/- whereby the Ops have charged an amount of Rs.24,747/- on account of sundry charges, which is said to be wrong and illegal, as no prior notice was served upon the complainant before raising such a huge demand.  Further case of the complainant is that though he approached the Ops and requested to withdraw the demand of Rs.24,747/- raised vide bill dated 23.8.2017, but all in vain. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Ops be directed to quash the demand of Rs.31,700/- raised vide bill dated 23.8.2017 and further to pay compensation and litigation expenses to the tune of Rs.50,000/-.

 

3.             In reply of the complaint, the opposite parties have taken legal objections on the grounds that this Forum has got no jurisdiction to entertain and decide the present complaint as the disputed demand relates to the theft of electricity and notice number 341 dated 10.3.2017 under section 135 of the Indian Electricity Act was issued to the complainant, as such, it is stated that the complaint is not maintainable, that the complainant has no cause of action and locus standi to file the present complaint, that the complainant has not come to the Forum with clean hands and it is stated that the complaint is false and frivolous one.  On merits, it is admitted that the complainant is a consumer of the Ops by obtaining the electricity connection in question.  The case of the OPs is that the demand has rightly been raised, as the old meter of the complainant was replaced by the Ops vide MCO dated 30.12.2016 and the same was effected on 2.3.2017 and the old meter was packed and sealed in the card board box as per the rules. Thereafter the meter in question was sent to the ME laboratory for checking the same and the meter was checked in the ME laboratory and during checking it was found that one seal i.e. seal number 1 was found tampered and the seal number 2 was not found out of the two ME seals and the meter was opened and checked and also found that the consumer disconnected the terns of current coil with an intention to slow the meter in order to stop the actual recording of consumption of electricity, therefore, it was declared to be a case of theft of electricity. Thereafter notice under section 135 was issued to the complainant for deposit of the disputed amount on account of theft of electricity.   Lastly, the Ops have prayed for dismissal of the complaint with special costs.

 

4.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-14 affidavit and copies of bills and documents and closed evidence. On the other hand, the learned counsel for the Ops has produced Ex.OP-1 to Ex.OP-4 copies of documents and affidavit and closed evidence.

 

5.             We have very carefully perused the pleadings of the parties and heard the arguments of the learned counsel for the parties. In our opinion, the complaint deserves dismissal, for these reasons.

 

6.             It is an admitted fact that the complainant is a consumer of the OPs by obtaining the electricity connection bearing account number S42PC282180P for domestic purposes.  In the present case, the complainant is aggrieved on receiving the bill dated 23.8.2017 whereby the Ops have raised a demand of Rs.24,747/- on account of sundry charge.  The learned counsel for the complainant has further contended vehemently that the demand is without any basis and the same should be withdrawn. On the  other hand, the stand of the Ops is that the old meter of the complainant was replaced by the Ops vide MCO dated 30.12.2016 which was effected on 2.3.2017 and the old meter was packed and sealed in the card board box as per the rules, a copy of the MCO on record is Ex.OP-4. It is further contended by the learned counsel for the Ops that thereafter the meter in question was sent to the ME laboratory for checking the same and the same was checked in the ME laboratory and during checking it was found that one seal i.e. seal number 1 was found tampered and the seal number 2 was missing out of the two ME seals and the meter was opened and checked and also found that the consumer disconnected the terns of current coil with an intention to slow the meter in order to stop the actual recording of consumption of electricity, therefore, it was declared to be a case of theft of electricity. All this fact is also supported by the ME laboratory report, a copy of which on record is as Ex.OP-2, which is signed by various officials of the Ops.  Thereafter notice dated 10.3.2017, Ex.OP-3 under section 135 was issued to the complainant for deposit of the disputed amount on account of theft of electricity, but the same was not deposited and the complainant filed the present complaint by concealing the material facts from this Forum. The learned counsel for the Ops has further contended that since it is a case of theft of electricity, as such, this forum has got no jurisdiction to hear and try the present complaint. We have further perused the notice issued under section 135 of the Indian Electricity Act, Ex.OP-3 and find that this Forum has no jurisdiction to hear and try the present complaint in view of the judgment of the Hon’ble Supreme Court titled as U.P.Power Corporation Ltd. And others versus Anis Ahmad, Appeal No.5466 of 2012, decided on 1.7.2013, wherein the jurisdiction of this Forum is barred. We have also perused the averments of the complaint, version of the OPs and found that this Forum has no jurisdiction to decide the present complaint. As such, we find that the complaint of the complainant is not maintainable before this Forum.

 

7.             In view of our above discussion, we dismiss the complaint of the complainant. However, the complainant is at liberty to approach the competent court of law/Forum for the redressal of his grievance, if he so desired. A copy of this order be supplied to the parties free of cost.  File be consigned to records.

 

                        Pronounced.

                        January 11, 2018.

                                                        (Sukhpal Singh Gill)

                                                           President

 

                                 

 

                                                                (Sarita Garg)

                                                                   Member