BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM :: KADAPA Y.S.R DISTRICT
PRESENT SMT. K. SIREESHA, B.L., PRESIDENT FAC
SRI M.V.R. SHARMA, MEMBER.
Saturday, 31st May 2014
CONSUMER COMPLAINT No. 06/ 2014
Shaik Abdul Subhan, Owner of Subhan Cool Drinks,
Reg. Consumer No. 2/170, Beside D.No. 2/170-1,
Guvvalacheruvu Village, Ramapuram Mandal,
Kadapa District. Complainant.
Vs.
The Asst. Divisional Engineer,
Southern Power Distribution Company Pvt. Ltd.,
Lakkireddipalli Village and Mandal, Kadapa District. Respondent.
This complaint coming on this day for final hearing on 30-5-2014 in the presence of Sri T. Mohana Krishna, Advocate for complainant and C.S. Riyazuddin, Advocate for respondent and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. K. Sireesha, President FAC),
1. Complaint filed under section 12 of the C.P. Act 1986.
2. The brief facts of the complaint are as follows:- It is submitted that the complainant is owner of Subhan Cool Drinks shop, Guvvalacheruvu village, Ramapuram Mandal, Kadapa District. He is having bearing No. 2421318000020 category LT2 (A) was domestic and commercial. The complainant is having regular connection and paying Electricity bills regularly without fail. He is not doing any clandestine business running only cool drinks shop. He had no removed terminal over of the meter and inserted a loop wire between incoming terminal of the meter and switch board provided near the meter by means of PVC blue colour copper wires of length 2 X 12 feet. He had not suppressed actual consumption. He had not indulged in theft of electricity.
3. It is submitted that the respondent’s department people used to come to his shop and used to keep waste electric wires and other copper wires in his shop and used to collect whenever necessary for them. At the time of the respondent honours inspection of the complainant represented the matter to the respondent but the respondent honour is thinking that properly belongs to the complainant and used for tapping power theft, but it belongs to the respondent’s department people.
4. It is submitted that the complainant is a law abiding citizen came from a poor family and paying electricity bills regularly without any dues. He is not having capacity to pay Rs. 45,398/- as per the respondent notice. Setting forth the aforesaid facts the complainant has issued a legal notice dt. 10-4-2013 calling upon the respondent herein to give service connection to the complainant shop within one week from the date of receipt of the notice, the respondent received the notice but they did not respond request of the complainant. Hence, the complainant constrained to file this complaint.
5. It is submitted that due to the capricious, irresponsible and deficiency of service on the part of the respondent, the complainant suffered a lot mentally, financially and physically.
6. Cause of action for the complaint arose in Guvvalacheruvu village, Ramapuram Mandal, Kadapa District where the complainant cool drink shop and the office of the respondent is located within the jurisdiction of this Hon’ble forum. A court fee of Rs. 100/- is paid in the form of I.P.O.
7. It is therefore, prayed that the Hon’ble Court may be pleased to pass an order against the respondent (a) direct the respondent to give service connection to the complainant’s cool drink shop, (b) to pay a sum of Rs. 30,000/- for deficiency of service on the part of the respondent, (c) to pay a sum of Rs. 30,000/- for mental agony suffered by the complainant, (d) grant costs of these proceedings to a tune of Rs. 5,000 and (e) grant such other and further reliefs and the Hon’ble forum deems fit and proper in the circumstances of the case and in the interest of justice.
8. Counter filed by the respondent denying that the complaint filed by the complainant is not maintainable either in law or on facts.
9. The complainant is put to strict proof of all the allegations mentioned in the complaint by way of documentary evidence except those which are not specifically admitted herein. It is true that the complainant is the owner of the Subhan Cool Drinks shop, Guvvalacheruvu and having electrical Service No. 2421 318000020 providing under category under LT 2 (A) is commercial only not domestic as alleged in the complaint as commercial. It is also true he has paying monthly electrical charges regularly without any fail, on that rest of the contents is denied by this respondent.
10. It is submitted that it is false to say that the Department people used to come to the complainant’s shop and keep waste electrical wire and other copper wires and used to collect whenever necessary for them, and it is also false that the respondent thinking that property belongs to the complainant. It is true, that para 4 of the complaint, that the complainant has issued a legal notice on 10-4-2013 and the same was received by the respondent who is not a inspecting officer after thought only for the purpose of re-connection instead of correct person giving a notice to the respondent who is not a correct person.
11. In fact on 7-01-2013 at 10-45 a.m hours one service to the complainant’s shop and it is also found that the complainant removed the terminal cover of the meter and inserted the loop wire between incoming terminal of the meter and switch board provided near the meter by the complainant and PVC rules colour copper wire length 2 X ½ feet by passed the meter and pilferage the consumption and sustain loss to the Department a sum of Rs. 45,398/- only. To that effect the complainant’s confession before the authorities and put a signature with his will and wish in the panchayat at the time of seizing the property.
12. It is submitted that a criminal case was registered against the complainant under section 135 (1) (A) (B) theft of energy Dt. 16-1-2013 In Cr. No. 222/2013 after he admitted the offence and compound fine of Rs. 2000/- paid by the complainant under – vide receipt No. 43755 dt. 21-1-2013 and the assessment amount assessed by the inspecting officer from 8-1-2012 to 7-1-2013 units pilfered 2458 units, and theft of energy loss of Rs. 45,498/- liable to pay to the department. Suppressing all these facts and got knowledge about the criminal case and the complainant put his signature with a will and wish in the panchanama as well as inspection note and receipt paid by complainant a fine of Rs. 2,000/-. The complainant filed this complaint with a false allegation to avoid the due payment to the department filed this vexatious complaint.
13. The respondent restored the supply by obeying of court orders in I.A. No. 06/2014 and obtain proper acknowledgement from the complainant on 21-2-2014. The consumer is filed this complaint against the respondent billing which has no jurisdiction to the Hon’ble Court to entertain this complaint. In fact as per the A.P. Electricity Act whenever the consumer committed theft, the Electricity Authorities followed the procedure as laid down in electricity act immediately disconnect the power unless until the consumer will not pay the theft energy amount, the authorities cannot restore the supply. Hence, the consumer obtain the restoration order by suppressing the offence, he is liable to penal action against the consumer by dismissing the present complaint with costs.
14. On the basis of the above pleadings the following points are settled for determination.
- Whether the complainant is entitled to the relief as prayed by him or not?
- Whether there is negligence or deficiency of service on the part of the Respondent?
- To what relief?
15. On behalf of the complainant Ex. A1 to A3 were marked and on behalf of the respondents Ex. B1 to B7 were marked.
16. Point Nos. 1 & 2. It is an admitted fact that the complainant is having cool drink shop, at Guvvalacheruvu Village, Ramapuram Mandal, Kadapa District with HSC No. 2421318000020 category LT2(A) under commercial purpose and as per counter of the respondent also the complainant was regular in paying electricity bills. In complaint the complainant had suppressed the fact that the respondents lodged criminal case i.e. Cr. No. 222/2013 under electricity theft under section 135 (1) (A) (B) of Electricity Act and he had paid an amount of Rs. 2,000/- as compound fine receipt No. 43755 dt. 21-1-2013. As per FIR the complainant had misused 245 units under theft of energy and loss of Rs. 45,498/- to the respondent department. As per complaint, on humanitarian grounds this Hon’ble forum had passed an interim order in I.A. No. 06/2014 directing the respondents to restore the service connection to the petitioner’s cool drinks shops, as the petitioner was depending on that small shop and eking his livelihood for the same the respondent had restored the service connection to the petitioner’s cool drink shop and endorsed the signature by the complainant.
17. Point No. 3 In the result, the complaint is allowed partly and interim order was already given, the respondent had given the service connection to the complainant as per orders in I.A. No. 06/2014 in C.C. No. 06/2014. The respondent restored the service connection of the complainant. So the complaint is partly allowed, as there is F.I.R against the complainant by the respondent F.I.R No. 222/2013, dt. 16-01-2013, the complainant is directed to approach before the appropriate court for further relief as this District Consumer Forum has no jurisdiction to entertain Indian Electricity Act 2003, theft of energy cases. Hence, the complaint is allowed partly.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, this the 31st May 2014
MEMBER PRESIDENT FAC
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Respondents : NIL
Exhibits marked for Complainant : -
Ex. A1 P/c of provisional Assessment Notice dt. 8-1-2013.
Ex. A2 P/c of the Assessment calculation dt. 8-2-2013.
Ex. A3 Office copy of legal notice dt. 10-4-2013 along with postal receipt.
Exhibits marked for Respondent: -
[
Ex. B1 P/c of FIR in crime No. 222/2013, dt. 16-01-2013 along with complaint.
Ex. B2 P/c of Assessment calculation sheet.
Ex. B3 P/c of panchanama dt. 27-1-2012.
Ex. B4 P/c of inspection note dt. 7-1-2013.
Ex. B5 P/c of disconnection list dt. 8-1-2013.
Ex. B6 P/c of duplicate receipt of Rs. 2,000/- by the complainant.
Ex. B7 P/c of the acknowledgement issued by complainant dt. 21-3-2014 to reconnection the service.
MEMBER PRESIDENT FAC
Copy to :-
1) Sri T. Mohana Krishna, Advocate for complainant.
2) Sri C.S. Riyazuddin, Advocate for respondent.
B.V.P.
