Pawan Kumar Vs. The PSPCL and Others.
Present: Sh. Mukhtiar Mohd., Adv Counsel for the Complainant.
This complaint is filed by the complainant, wherein alleged that the S.P. electric connection/meter bearing No.SP88/92 was installed in the name of the complainant at R/o 331/2, Hargobind Nagar, Near Reru, Pathankot Bye-Pass, Jalandhar in the year 1992. In July, 2015, the said electric meter was replaced with the electronic meter in the same place in the said house. The complainant paid the electricity charges on 09.03.2016 for Rs.16,000/- through DDR payable in the name of the OP and later on the complainant have not received any electricity bills from the OP. Since, the complainant did not use the electricity as due to recession, the manufacturing of latches machines closed and the complainant stopped carrying out the said business and never used the electricity during the said period. In the last week of March 2018, the meter reading of the OP approached the complainant and handed over the statement of the reading unit for the period from 11.05.2015 to 27.03.2018 and claimed the arrear of electricity charges from 11.05.2015 to 27.03.2018 and on the receipt of the statement of the reading of the unit for the said period, the complainant was surprised and questioned to the reader about the late supply of the statement of reading of the meter, but he could not reply and later, the OP removed the electric meter without the consent of the complainant in the last week of the March, 2018. Copy of the statement of account attached.
On 06.04.2018, the enforcement authority of the Punjab State Power Corporation Limited inspected the place and issued a notice on false ground of unauthorized use of the electricity. Copy of the letter dated 06.04.2018 is attached. On 09.04.2018, the complainant received a notice in the name of Neelam and Harwinder Singh regarding the provisional order of the assessment. Copy of the said order is attached. The complainant paid the amount so claimed in said notice. Then on 13.04.2018, the Assistant Executive engineer Commercial Unit-II, Punjab State Power Corporation Limited, Jalandhar issued a notice to the complainant after raiding the premises. Copy of the said letter is enclosed. The complainant received electricity bill from the OP dated 13.04.2018 for payment till 23.04.2018, amounting to Rs.2,24,163/-. OP under pressure got draft of Rs.37,000/- dated 19.04.2018 in the name of Punjab State Power Corporation Limited, Jalandhar though the complainant was not liable to pay the said draft and the same was encashed by the complainant. The complainant never used the said electricity and even the OP earlier never issued any electricity bill of use of meter reading/consumption and OP has played a fraud with the complainant and issued a statement of the reading unit after a long period, which is neither permissible under the law nor any electricity is used and as such, the OPs are guilty of rendering deficient services, negligent and unfair trade practice and therefore, the instant complaint filed with the prayer that the OPs be directed to withdraw the said notice, whereby claimed charges for a period from March, 2015 to March, 2018 and further OPs be directed to pay compensation of Rs.5,00,000/- and litigation expenses of Rs.20,000/-.
We have heard the learned counsel for the complainant on the question of admission and also gone through the case file very minutely.
After going through the pleadings of the complaint, we find that the complainant himself alleged in para No.4 of the complaint that on 06.04.2018, the enforcement authority of the Punjab State Power Corporation Limited inspected the place and issued a notice on a false ground of unauthorized use of the electricity and further alleged in Para No.5 that the OP issued a notice in the name of Neelam and Harwinder Singh regarding the provisional order of assessment and further in para No.6 alleged by the complainant that on 13.04.2018, the Assistant Executive Engineer Commercial Unit-II, Punjab State Power Corporation Limited, Jalandhar issued a notice to the complainant after raiding the premises.
So, from the above pleadings of the complainant itself established that there is a case of theft and this fact further corroborated from the notice issued by the OP, which is placed on the file by the complainant, the same is dated 09.04.2018 bearing Memo No.2795, wherein the subject mentioned therein that the order of assessment for unauthorized use of electricity under Section 126 of 'The Electricity Act', when the case is covered under the provision of theft, then this Forum has no jurisdiction to entertain the same.
In view of the judgment of the Hon'ble Supreme Court in a Civil Appeal No.5466 of 2012 (arising out of SLP (C) No.35906 of 2011), titled as “U.P. Power Corporation Limited and Others Vs. Anis Ahmed”, decided on 1st July, 2013, dealt with the complaints filed against the assessment made under Section 126 of 'The Electricity Act, 2003 and further alleged in that judgment as under:-
“A complaint against the assessment made by assessing officer under Section 126 or against the offences committed under Sections 135 to 140 of the Electricity Act, 2003, is not maintainable before a Consumer Forum.”
In the light of above detailed discussion, the instant complaint of the complainant is not maintainable and accordingly, the complaint of the complainant is dismissed. Copy of the order be supplied to the complainant free of cost, as per Rules. File be consigned to the record room.
Dated Harvimal Dogra Karnail Singh
05.06.2018 Member President
