BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T. Sundara Ramaiah , B.Com B.L., President

And

Sri. M.Krishna  Reddy , M.Sc., M.Phil., Male Member

Tuesday  the 09^th  day of November , 2010

C.C.No 149/09

Between:

Aspari Varalakshmi, S/o. B.Pandu Ranga,

R/o. H.No.17/187-1,Ramachandra Reddy Nagar, Pathikonda,

Kurnool District 518380.                       

     …..Complainant

-Vs-    

1. The Assistant Divisional Engineer (Operation),A.P.C.P.D.C.L,

   H.No.17/189, Main Road,Pathikonda, Kurnool District-518 380.

2. Assistant Engineer,A.P.C.P.D.C.L,

   H.No.17/189, Main Road,  Pathikonda, Kurnool District-518 380.

3. Superintending Engineer,A.P.C.P.D.C.L,

   H.No.51/14/49, Bellary Road, Kurnool, Kurnool District 518 004                    ……Opposite PartieS

          This complaint is coming on this day for orders in the presence of Sri. P. Siva Sudharshan, Advocate, for  complainant, and Sri. A. Chandra Mouleeswara Reddy,  Advocate for opposite party and upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.Sundara Ramaiah, President)

C.C. No. 149/09

1. This complaint is filed under section 11 & 12 of C. P. Act, 1986 praying to direct the OPs

1. to return the amount of Rs.8,000/- with interest @

           24% p.a to complainant    

1. to direct the opposite parties to with draw the letter dt:06-07-

           2009 issued to the complainant   

1. to grant a sum of Rs.50,000/- towards mental agony
2. to grant the cost of the complainant  and
3. to grant any other relief as the Hon’ble forum deems fit and

           proper in the circumstances of the case.

(2)   The case of the complainant is as under :-  The complainant is availing electricity through service connection No H.S.C.No.2384. In the month of May, 2009 the staff of the OPs collected a sum of Rs.8,000/- from the complainant on the ground that the complainant  was using excess load instead of connected load . The OPs not inspected the meter in the presence of the complainant. After lapse of one year again the complainant received notice dated 06-07-2009 from OP.No.1 demanding the complainant to pay a sum of Rs.25,095/- towards theft of electricity. The complainant never committed theft of energy. The complainant not received any notice from the laboratory and no provisional assessment notice was served on the complainant by the OPs. Due to the negligent attitude of the OPs , the complainant  suffered mentally.  On 22-08-2009 the complainant issued a legal notice to the OPs but there was no response. The complainant is regularly paying the electricity consumptions charges. The OPs collected additional consumption charges of Rs.8,000/- from the complainant . It is a clear case of deficiency of service. Hence the complaint.      

3.     OP.No.2 filed written version and it is adopted by OPs 1 and 3. It is stated in the written version of OP.No.2 that the complaint is not maintainable. On 16-05-2008 the service connection of the complainant was inspected and found theft of energy by the complainant. On 30-05-2008 the complainant paid Rs.4,000/- towards compounding fees and Rs.4,000/- towards penalty . The said amount was paid by the complainant without any protest. The complainant has to pay Rs.25,095/- to the OPs towards total pilferage of consumption charges. The complainant was given chance to pay theft of energy charges in two installments. The complainant has not paid the installments. There is no deficiency of service on the part of the OPs. The complaint is liable to be dismissed.

  4.   On behalf of the complainant Ex.A1 to A4 are marked and the sworn affidavit of the complainant is filed.  On behalf of the opposite parties no documents are marked and the sworn affidavit of OP.No.2 is filed.

5.     Both sides filed written arguments.

6.     The points that arise for consideration are     

(i)     whether there is deficiency of service on the part of the OP ?

(ii)    whether the  complainant is entitled to the reliefs as prayed for?

(iii)    To what relief?

7. Point No.1 & 2:  Admittedly the complainant is availing electricity to her house through HSC.No 2384. Admittedly the complainant has been paying the monthly consumption charges regularly. Admittedly the complainant paid an amount of Rs.8,000/- under Ex.A1 receipt. It is the case of the complainant that she paid the said amount Rs.8,000/- under pressure and that the OPs never inspected  her meter in her presence. According to the OPs the service connection of the complainant was inspected on 16-05-2008 and found that the complainant  committed  theft of energy and that the complainant  having admitted the same paid Rs.4,000/- towards compounding fees and  Rs.4,000/- towards penalty. As seen from Ex.A1 it is very clear that a Criminal case in Cr.No. 2824/08 was registered by APTS, Kurnool District and that the complainant paid an amount of Rs.4,000/- towards compounding fees and Rs.4,000/- towards penalty to the Sub Inspector of Police Vigilance & APTS , Kurnool District. There is no mention in Ex.A1 that the said amount was paid to the Inspector of police under protest. The payment of compounding fees indicates that the complainant  committed theft of energy . According to the OPs the theft of energy was deducted on 16-05-2008. Ex.A1 receipt is dated 03-06-2008. The complainant filed the complaint on 27-08-2009 . Had the OPs collected Rs.8,000/- from the complainant  unnecessarily  by using force against the complainant it is not know as to why the complainant kept silent for more than one year from the date of Ex.A1. The contention of the complainant that she paid the amount of Rs.8,000/- under pressure  can not be believed  at all. A case under 379 IPC was registered against the complainant in Cr.No.2824 /08 of APTS   , Kurnool District for committing theft of energy by the complainant In order to avoid the prosecution the complainant having admitted her guilt paid the compounding fees and penalty under Ex.A1. The complainant is not entitled for refund of the said amount of Rs.8,000/.

 8.    It is also the case of the complainant that the OPs issued Ex.A2 notice dated 06-07-2009 demanding her to pay theft of energy amount of Rs.25,095/- .Admittedly OP.No.1 issued Ex.A2 demand notice . According to the OPs service connection of the complainant was inspected on 16-05-2008 and the complainant was  issued provisional assessment notice for theft of energy.  The OPs filed the copy of the provisional assessment notice along with the written arguments. As seen from the said notice it is very clear that the department provisionally assessed the loss sustained at Rs.29,045/- . As the complainant did not comply the directions mentioned in the provisionally notice the OPs issued Ex.A2 notice demanding the complainant  to pay the said amount. It is the case of the complainant that no one inspected the service connection in her presence on        16-05-2008 and that the meter was not sent to MRT lab for testing. There is no material to show that the OPs seized the meter and sent the same to MRT lab for testing. It is argued by the learned counsel appearing for the OPs that the complainant admitted her guilt and paid compounding fees. As seen from the Ex.A1 it is very clear that the complainant having admitted the offence paid the compounding fees and penalty. As the complainant admitted her guilt the OPs did not sent the meter to MRT lab for testing. There is no necessity to send the meter to the MRT lab as the  complainant admitted her guilt. The learned counsel appearing for the complainant cited  decisions reported in IV 2008 CPJ 220 NC and  IV  2008 CPJ 194 NC .The said decisions are not applicable to the facts of the present case. In the present case the complainant admitted her guilt and paid compounding fees. No deficiency of service is found on the part of the OPs. 

9.     The complainant having admitted that she committed theft of energy , now contending that she did not commit any offence.  One who seeks justice must come to the court with clean hands. The complainant against whom a theft of energy case was registered filed the present complaint in order to avoid payment of the theft of energy charges as claimed by the OPs through   Ex.A2.  The complainant filed the present complaint to gain wrongfully. The complainant  is not entitled to any relief claimed.

10.Point No3:  In the result the complaint is dismissed. In the circumstances no costs.

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 09^th day of November, 2010.

              Sd/-                                                    Sd/-

     MALE MEMBER                                                    PRESIDENT

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant : Nil            For the opposite parties : Nil

List of exhibits marked for the complainant:-

Ex.A1        Receipt of APCPDCL, Kurnool dt.03-06-2008, for Rs.8,000/-.

Ex.A2.       Photo copy of letter of Asst. Divisional Engineer, APCPDCL, Pattikonda, dt.06-07-2009.

.Ex.A3.      Bunch of Electricity bills 2008.

Ex.A4.       Office copy of legal notice dt.22-08-2009.

List of exhibits marked for the opposite parties:  Nil

                Sd/-                                                                              Sd/-

         MALE MEMBER                                                                    PRESIDENT

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties

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