Kulwant Rai complainant through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that the opposite parties be directed to pay Rs.50,000/- on account of loss which he had suffered to the disconnection of his commercial connection by which he was running Atta Chakki (Floor Mill) for the purpose of earning livelihood and on account of financial loss and mental agony, which is caused to him, all in the interest of justice and fair play.    

2.      The case of the complainant in brief is that he was having commercial connection bearing A/c No.SP-82-1168 of the opposite parties and as such he is the consumer of the opposite parties. It was pleaded that complainant is Ex-Serviceman and using the above said connection for running Atta Chakki (Floor Mill) as a source of self employment for the purpose of earning his livelihood. It was pleaded that complainant was paying the electricity bills regarding this connection regularly without any delay. It was further pleaded that complainant was stunned when employees of the opposite parties came to him for disconnection of his connection and when complainant asked about the same from them they remained mum and did not tell any reason for the same i.e. disconnection. It is pertinent to mention here that the Atta Chakki was only source of his livelihood and his family. It was also pleaded that complainant is the consumer of the opposite parties so it was the duty of the opposite parties to tell the complainant about the reason behind the disconnection of the above electricity connection. It was pleaded that being the consumer of the opposite parties complainant had suffered irreparable and financial loss due to the illegal act of the opposite parties. It was next pleaded that complainant had requested so many times to the employees of the opposite parties who came to his village for disconnection of his commercial connection but they did not pay any heed to the genuine request of the complainant. It was pleaded that the employees of the opposite parties very well know that the above said electric connection is the source of the livelihood of the complainant but they did not take any care and disconnected the same illegally and finally refused to reconnect the above said connection, hence this complaint.

3.      Upon notice, the opposite parties appeared through their counsel and filed the written reply by taking the preliminary objections that the present complaint is not maintainable, because the complainant has been charged compensation amount for committing theft of electricity, hence this Hon'ble Forum has no jurisdiction to try the complaint. The complaint is liable to be dismissed because the complainant has not disclosed the real facts and has not come with clean hands. On merits, It was admitted that complainant is an Ex-Serviceman and was holder of alleged commercial S P connection. The fact of the matter is that complainant was having two electricity connection, one was domestic vide A/c No.KF-42/1445 and other was commercial vide A/c No.SP-82/1168. It was stated that on 16.1.2013 SDO PSPC Ltd. of Sub Division Dhariwal alongwith J.E. Ajit Singh (now dead) had checked the domestic connection of the complainant and found him committing theft of energy from L T Line by directly connecting wire and also found running Sab-mercibal Motor by bye passing the meter. Checking report was prepared at the spot and complainant was asked to sign the same but he refused to do so. Checking report was signed by SDO Sukhdev Raj and J.E. Ajit Singh (now dead). It was stated that after the receipt of the checking report in office of SDO amount of compensation was assessed and a notice vide letter no.8 dated 16.1.2013 was issued to the complainant and asked him to deposit the amount of Rs.12258/- as per provision of regulation 37 of the Supply Code. Or deposit Rs.3000/-, if the complainant is desirous of compounding the offence of theft but the complainant refused to receive the above said notice. It was stated that complainant approached the office of the opposite parties and requested for some time for deposit the above said amount. Concerned SDO asked him to deposit the same as soon as possible but he failed to deposit the same on one or the other pretext. It was further stated that the amount of Rs.12258/- was added into his bill of 1/14 and the bill of the total amount of Rs.14026/- including the said amount of compensation was sent to the complainant but since then the complainant stopped to deposit the current bills also. It was also stated that at last a notice to deposit of total amount of Rs.38538/- was issued to the complainant but he failed to deposit the same, so his domestic connection was disconnected on 25.3.2015 vide PDCO No.8203 dated 25.3.2015 and vide notice no.2049 dated 26.3.2015 complainant was asked to deposit the above said amount outstanding against him alongwith current bill, otherwise his SP connection would also be disconnected but he did not care for the same and failed to deposit the above said amount. It was next stated that for non deposit of the amount in question PDCO No.8204 dated 31.3.2015 was issued and connection bearing No.SP-82-1168 was disconnected on 31.3.2015 by Arvind Kumar J.E. It was stated that after the disconnection of domestic connection complainant was illegally using the energy from the SP connection and complainant intead of depositing the impugned amount or approaching any competent authority of PSPCL, he wrongly and illegally filed the present complaint by suppressing the true facts. All other averments made in the complaint have been denied and lastly the complaint has been prayed to be dismissed with cost.        

4.      Complainant tendered into evidence his own affidavit Ex.C1 alongwith copy of notice bearing No.2049 dated 26.3.2015 and closed the evidence. 

5.      Sh.Sukhdev Raj S.D.O. has tendered into evidence his own affidavit Ex.OP-1 alongwith other documents Ex.OP-2 to Ex.OP-8 and closed the evidence.

6.       We have examined all the documents/evidence produced on record and have also duly considered and perused the arguments duly put forth by the learned counsels for both the litigants, while adjudicating the present complaint. The OP Corporation has rightly claimed having issued the Ex.OP4 Theft Notice # 08 dated 16.01.2013 under section 135 of the Electricity Act’ 2003 and as such the complaint will lie beyond the settled jurisdictional purview of the Consumer Protection Act’ 1986. Further, the non-settlement proved to be a prompt for disconnection of his Domestic Connection and the complainant started consuming electricity to meet his domestic needs from his other adjoining NRS Atta Chakki Power Connection i.e., unauthorized use of ‘electricity’ U/s 126 of the Electricity Act’ 2003. Somehow, the defaulting consumer complainant was caught during the one Routine Checking and further on account of non-payment of outstanding Bill of Rs.38538/- his Atta Chakki NRS supply was also disconnected vide Ex.OP5 TDCO # 8204 dated 31.03.2015 duly preceded by Ex.OP8 Memo # 2049 dated 26.03.2015. The complainant has somehow willfully suppressed all these facts in his present complaint seeking equity with un-clean hands and we disapprove of the same.         

7.       In the light of the all above, we find the present complaint devoid of all merit under the Act and thus ORDER for its dismissal with however no orders as to its costs.

8.      Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.

                                                                                           (Naveen Puri)

                                                                                                    President.                                                                                         

ANNOUNCED:                                          (Jagdeep Kaur)

OCT. 06, 2015                                                       Member.

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