BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MOGA.<br /> <br /> Complaint No: 81 of 2008<br /> Instituted On: 15.07.2008<br /> Date of Service: 07.08.2008<br /> Decided On: 10.10.2008<br /> <br /> Major Singh (aged 38 years) son of Sh.Mukhtiar Singh, resident of village: Sukhanand, Tehsil: Bagha Purana, Distt.Moga.<br /> Complainant.<br /> <br /> Versus<br /> <br /> 1. Punjab State Electricity Board, through its Secretary, The Mall, Patiala.<br /> 2. XEN, Punjab State Electricity Board, Bhagta Bhai Ka.<br /> 3. Sub Divisional Officer, Punjab State Electricity Board, Bhagta Bhai Ka.<br /> Opposite Parties.<br /> <br /> <br /> Complaint under section 12 of The<br /> Consumer Protection Act, 1986.<br /> <br /> <br /> Quorum: Sh.J.S.Chawla, President.<br /> Smt.Bhupinder Kaur, Member.<br /> Sh.Jit Singh Mallah, Member.<br /> <br /> Present: Sh.J.S.Chadha, Adv.counsel for complainant.<br /> Sh.S.K.Dhir, Adv. counsel for OPs.<br /> <br /> <br /> (J.S.CHAWLA, PRESIDENT)<br /> Sh.Major Singh complainant has filed the present complaint under section 12 of The Consumer Protection Act, 1986 (herein-after referred to as ‘Act’) against Punjab State Electricity Board through its Secretary and others-opposite parties (herein-after referred to as ‘Board’) directing them to quash the illegal demand of Rs.4771/- raised vide bill dated 17.12.2007 and also to pay Rs.10000/- as compensation for causing mental tension and harassment beside Rs.10000/- as costs of litigation.<br /> 2. Briefly stated, Sh.Major Singh complainant is a ‘consumer’ of the OPs-Board having domestic electric connection bearing account no.SF/26/0253 installed at his premises having sanctioned load of 2.82 KW. That the complainant had been paying the consumption charges regularly and nothing is due against him. That he received a bill dated 17.12.2007 in which the OPs-Board demanded Rs.4771/- on account of sundry charges without explaining any reason. That the complainant never used the electricity to that extent. That the complainant contacted the office of the OPs-Board and the officials of the OPs-Board corrected the bills for the month of January and February 2008 after reducing the impugned amount of Rs.4771/-. Thereafter, the complainant got deposited Rs.409/- vide receipt dated 1.1.2008 and Rs.294/- in February 2008 respectively with the OPs-Board on account of consumption charges only. Now again, the OPs-Board added the aforesaid illegal amount in his consumption bill for the month of June 2008. That the complainant approached the office of OPs-Board time and again and requested to withdraw the impugned amount, but to no effect. That the aforesaid act and conduct of the OPs-Board had caused great inconvenience, harassment and mental agony to him for which he has claimed Rs.10000/- as compensation beside Rs.10000/- as costs of the litigation. Hence the present complaint.<br /> 3. Notice of the complaint was given to the OPs-Board, who appeared through Sh.S.K.Dhir, Advocate and filed written reply contesting the same. They took up preliminary objections that the present complaint is not maintainable; that this Forum has got no jurisdiction to try and decide the present complaint as the bills are payale at Bhagta Bhai Ka which falls under the jurisdiction of Bhatinda district and there is no deficiency in service on the part of the OPs-Board. It was averred that on 20.10.2007 Sh.Jasbir Singh, SDO Bhagta Bhai Ka alongwith concerned J.E. checked the premises of the complainant in his presence and found him stealing the electricity by illegal means i.e. by dismantling the meter from its proper position and on placing it uneven position. The electricity was running directly by stopping the meter. That the checking was conducted in the presence of the complainant, but he refused to sign the checking report. Thereafter, notice no. 2320 dated 24.10.2007 was issued to the complainant demanding Rs.4771/- on account of ‘theft of energy’, but the complainant did not pay the same. Thereafter, the impugned amount was added in the bill for the month of 12/2007. Thus, the OPs-Board is legally entitled to recover the same. On merits, the OPs-Board took the same and similar pleas as taken by them in preliminary objections. All other allegations contained in the complaint were specifically denied being wrong and incorrect. Hence, it was prayed that the complaint filed by the complainant has no merit and it deserves dismissal.<br /> 4. In order to prove his case, the complainant tendered in evidence his affidavit Ex.A1, bills cum receipts Ex.A2 to Ex.A15 and closed his evidence.<br /> 5. To rebut the evidence of the complainant, the OPs-Board tendered in evidence affidavit of Sh.Gurmeet Singh Sr.XEN Ex.R1, affidavit of Jasbir Singh SDO Ex.R2, copy of checking report Ex.R3, copy of notice Ex.R4 and closed their evidence.<br /> 6. We have heard the arguments of Sh.J.S.Chadha ld. counsel for the complainant and Sh.S.K.Dhir ld. counsel for the OPs-Board and have very carefully perused the evidence on the file.<br /> 7. Sh.J.S.Chadha ld. counsel for the complainant has mainly argued that the impugned demand of Rs.4771/- raised vide bill dated 17.12.2007 from the complainant is illegal and unlawful because the complainant had never indulged in ‘theft of energy’. <br /> 8. On the other hand, Sh.S.K.Dhir ld.counsel for the OPs-Board has mainly argued that this Forum has got no jurisdiction to entertain and decide the present complaint because Sub Divison Bhagta Bhai who issued the alleged memo falls in district Bhatinda and the cause of action, if any, arose to the complainant at Bhagta Bhai Ka, Distt.Bhatinda. This contention of the ld.counsel for the OPs-Board has no merit because the village Sukha Nand where the alleged checking was conducted by the OPs-Board falls in district Moga i.e. within the jurisdiction of this Forum. Moreover, the impugned bill was sent to the complainant at village: Sukha Nand, Distt.Moga, so this Forum has got territorial jurisdiction to entertain and decide the present complaint. <br /> 9. Ld.counsel for the OPs-Board has further argued that on 20.10.2007 Sh.Jasbir Singh, SDO Bhagta Bhai Ka alongwith concerned J.E. checked the premises of the complainant in presence of complainant and found him stealing the electricity by illegal means i.e. by dismantling the meter from its proper position and on placing it uneven position. The electricity was running directly by stopping the meter. That the checking was conducted in the presence of the complainant, but he refused to sign the checking report. This contention of the ld.counsel for the OPs-Board has full force. Admittedly, the premises of the complainant was checked on 20.10.2007 Sh.Jasbir Singh, SDO Bhagta Bhai Ka alongwith concerned J.E of the OPs-Board who found him committing ‘theft of energy’ in the aforesaid manners. The charges of ‘theft of energy’ have been proved from the checking report Ex.R3. To further strengthen the aforesaid allegations against the complainant, the OPs-Board have produced the affidavit of Sh.Gurmeet Singh Sr.XEN Ex.R1, affidavit of Jasbir Singh SDO Ex.R2 and copy of notice Ex.R4.<br /> 10. Moreover, the reading shown in the checking report Ex.R3 further corroborates the fact that the complainant was committing ‘theft of energy’. The bill Ex.A12 shows that the complainant had paid the consumption charges for the period w.e.f. 26.7.2007 to 26.9.2007 having reading upto 9021 units whereas the checking report Ex.R3 dated 20.10.2007 shows that his meter showed the consumption upto 9027 units i.e. 6 units for the period 26.9.2007 to 20.10.2007 i.e. for about 24 days. It is highly improbable that the complainant having sanctioned load of 2.82 KW was found consumed 6 units of electricity within 24 days i.e. for the period 26.9.2007 to 20.10.2007. This attending circumstance also proves the guilt of the complainant that he was committing ‘theft of energy’.<br /> 11. On the other hand, the complainant has failed to lead any cogent and convincing evidence to prove that he was not committing ‘theft of electricity’ except his own affidavit Ex.A1. There is no corroboration to his affidavit that he was not stealing the electricity by illegal means. Moreover, he has reason to give false affidavit in order to save himself from the consequences of being caught red handed while stealing the electricity by illegal means. Thus, no reliance could be placed on the affidavit Ex.A1 of the complainant and we discard the same.<br /> 12. Moreover, the checking party had acted in accordance with rules and regulations issued by PSEB from time to time and in discharge of their official duties. They were supposed to do all their acts bonafidely and in good faith and without any malice or motive. The complainant has not alleged any ill-will or animus against them. They have no reason to make a wrong report against him. <br /> 13. In view of these circumstances, we hold that on 20.10.2007 the complainant was found stealing the electricity by aforesaid illegal means. Thus, the impugned demand of Rs.4771/- raised vide bill dated 17.12.2007 from the complainant on account of ‘theft of energy’ by the OPs-Board was quite legal and valid and as per rules and instructions of the PSEB. The complainant has failed to prove if there was any deficiency of service on the part of the OPs-Board. <br /> 14. The ld.counsel for the parties did not urge or argue any other point before us.<br /> 15. In view of the aforesaid facts and circumstances, the complaint filed by the complainant has no merit and the same is dismissed. In view of the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order shall be sent to the parties free of cost and thereafter, the file be consigned to the record room.<br /> <br /> (Bhupinder Kaur) (Jit Singh Mallah) (J.S.Chawla)<br /> Member Member President<br /> <br /> Announced in Open Forum.<br /> Dated:10.10.2008.<br /> <br /> hrg*<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />