District Consumer Disputes Redressal Forum Tarn Taran.
CC No. 82/2014
Dt. Of Inst. 4.12.2014
Dt. Of Dec. 18.2.2015
Darshan Singh son of Puran Singh, since deceased through his L.Rs. Amrik Singh son of Darshan Singh, resident of village and Tehsil Khadoor Sahib, District Tarn Taran
…Complainant
Versus
- Sr. XEN Sub Urban Division Punjab State Powers Corporation Ltd. Tarn Taran
- S.D.O, Punjab State Power Corporation Ltd. Khadoor Sahib.
…Opposite Parties.
Complaint under Section 12 and 13 of Consumer Protection Act 1986
18.2.2015
Present Counsel for complainant
Counsel for opposite parties.
1 This order shall dispose of an application for dismissal of the complaint. This application is filed during the pendency of the complaint titled Darshan Singh Vs P.S.P.C.L. In the said application, it is averred that the present case is regarding theft of electricity and one of the preliminary objection is also taken in the main reply filed by the opposite party. It is also averred that the documents placed on record clearly shows that it is a case of theft of electricity and due to this, this Forum has no jurisdiction to entertain, hear and decide the complaint and therefore it is requested that in the interest of justice, this application may be accepted and complaint of the complainant may be dismissed with costs.
2 Perusal of complaint shows that the complainant has challenged the demand of Rs. 14,424/- as illegal and arbitrarily and it is further averred that the opposite party may be restrained from recovering alleged amount. In the reply filed by the opposite party, it is mentioned that this Forum has no legal right to entertain the present complaint as it is a case of theft of electricity. It is further averred that the opposite party checked the electric connection in question of the complainant and removed the electric meter in the presence of complainant and with his consent and after completing all the legal formalities and meter was sent to the M.E. Lab Verka for the checking of the meter. It is further averred that the meter was checked in the M.E. Lab and found that the same was tampered with by the complainant and thus it is a case of theft of electricity. Apart from this averment, the opposite party has also placed on record Photostat copy of inspection report wherein it is mentioned that M & T seals of the meter of the complainant are tampered and the meter was got checked from the M.E. Lab. Another letter placed on record shows that the meter was taken out in the presence of the complainant and was sent to M.E. Lab for checking. Meter checking report is also on the record which shows that the seals were tampered and this report was signed by Senior Officers of the opposite party. On the other hand, the complainant has not placed on record any document to support his plea that the recovery in question is not due to the theft of electricity.
3 Keeping in view the documents placed on record we are of the opinion that this case is pertaining to theft of electricity, therefore in view of the law laid down by the Hon’ble Apex Court titled as “U.P. Power Corporation Vs Anis Ahmed” vide C.A. No. 5466 of 2012 (arising out of SLP (C) No. 35906 of 2011) this Forum is not competent to entertain the present complaint and therefore the application for dismissal of the complaint is accepted and consequently the present complaint is dismissed as not maintainable. This complaint is returnable to the complainant for presenting the same in the proper curt/ authority. Copy of order be issued to the parties free of costs.
President
Member Member
