Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 513.
Instituted on : 04.11.2020.
Decided on : 28.09.2021.
Rajender, aged 53 years son of Shri Ram Kishan, resident of village Chamarian, Tehsil & Distt. Rohtak(Haryana). ...........Complainant.
Vs.
- Uttar Haryana Bijli Vitran Nigam Ltd. through S.D.O. (Operation) Sub Urban, Rohtak near old ITI(SDO) Sub Urban Rohtak.
- XEN Sub Urban(Operation) Uttar Haryana Bijli Vitran Nigam Ltd. Rohtak Near Old ITI(XEN Rohtak).
……….Opposite parties
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR.TRIPTI PANNU, MEMBER.
Present: Shri Tarun Hooda, Advocate for the complainant.
Shri Rajpal Lineman, UHBVNL for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant is consumer of opposite parties vide account No.R35CDCM0407P and Meter No.124007 and is depositing electricity bills regularly. On 21.08.2020, the electric meter of the complainant was got checked by the checking party and electric cable was removed. No private witness was joined during inspection. At that time, the meter was running OK and there was no tempering with the cover of the meter & seal and there was no tempering with the cable also. Later on, the respondents/opposite parties sent notice to the complainant under Section 135 of Electricity Act 2003 vide Memo No. SDOSU/2020/917 dated 02.09.2020 stating that his premises was checked by checking team and theft/dishonest use of electricity was noticed Direct Joint. Hence, it is a case of theft of energy with the load of 1.92 KW for DS purpose. The assessment by licensee for theft of electricity is Rs.19,899/-. The complainant had deposited the above said amount i.e. 100% assessment amount and compounding amount with the Nigam. As per notice, the respondents/opposite parties are bound to restore the supply of electricity within 48 hours of the deposit of the complete amount. The complainant met with the respondents/opposite parties many times for restoring the supply of electricity and also gave written application to the respondents/opposite parties and also gave an application to C.M. window, but in vain. Hence, the present complaint and it is prayed that opposite parties may kindly be directed to restore the supply of electricity of the complainant and pay Rs.50,000/- as compensation for causing unnecessary harassment and litigation expenses to the complainant.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that the complainant had committed the offence of theft of electricity energy and as such penalty has been imposed upon the complainant by the Nigam after proper inspection. It is also submitted that the notice was rightly and legally sent to the complainant. The complainant has shifted the electricity meter illegally into his fields and as such the respondents cannot restore the electricity supply. The complainant is using the electricity energy on two sides i.e. in the fields as well as domestic. Hence, this act on the part of complainant is illegal. All the other contents of the complaint were stated to be wrong and denied and opposite parties prayed for dismissal of complaint.
3. Complainant in his evidence has tendered affidavits Ex.CW1/A and Ex.CW2/A, documents Ex.C1 to Ex.C20 and has closed his evidence on dated 6.1.2020. On the other hand, Sh. Rajpal Lineman, UHBVNL made a statement that the reply already filed be read as affidavit in evidence, tendered document Ex.R1 to Ex.R5 and has closed his evidence on dated 9.2.2021.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. We have perused all the documents placed on record by both the parties. The respondent officials also placed on record two CDs Annexure JNA & Annexure JNB. These CDs were also seen. No doubt initially the connection bearing account no.R35CDCM0407P was issued by the respondent officials to the complainant. As per the complainant, the premises of the complainant was checked by the team of respondent officials. After checking the notice u/s 135 Electricity Act 2003 vide memo no.SDOSU/2020/917 dated 02.09.2020 was also issued and through this notice the respondent officials demanded an amount of Rs.19899/- on account of theft of electricity energy and an amount of Rs.4000/- on account of compounding fee. The complainant further submitted that the complainant had deposited the above said 100% amount alongwith compounding fee with the respondent. Through this complaint, the complainant demanded for restoration of electricity supply of the complainant which was disconnected after checking the premises by the respondent’s officials and after making case of theft of electricity energy. Thereafter the complainant moved an application to CM Window but the respondents have not reconnected the electricity supply of the complainant. To prove this fact the complainant has placed on record documents Ex.C1 to Ex.C20 and he further submitted some photographs at the time of arguments and a photo of electricity meter to prove the fact that electricity energy is used by the complainant in his premises.
6. On the other hand, it has been admitted by the respondents that the electricity connection has been issued to the complainant and the respondent further submitted that the complainant was found stealing electricity energy and LN1 was also prepared at the spot by the respondent officials as per the rules. The penalty regarding theft of electricity energy and compounding fee was also imposed upon the complainant. The respondent further submitted that the complainant has shifted his domestic electricity meter illegally from his village house to his house situated in fields without their prior permission. Respondents further submitted that as the complainant has shifted the electricity meter into his fields illegally, as such the respondents cannot restore the electricity supply as per rules. To prove this fact, opposite party has placed on record documents Ex.R1 to Ex.R5 and further submitted two CDs Annexure
JNA & Annexure JNB. After perusal of the documents placed on record by both the parties and some documents which has not been exhibited by either of the parties, this Commission itself taken into consideration the said documents and marked as Annexure JNC and Annexure JND. Document Annexure JNC is a letter written by the SDO Sub Division no.3 to SDO Operation Sub Division/UHBVN Rohtak on dated 26.08.2010. The contents of the letter are as under:-
“In this connection it is intimated that incharge of 33kv Sub Station Sector 6 Ladhout Road Rohtak Sh. Rajesh SSA has reported that your feeder 11 KV Chamaria AP is damaging Vaccum bottle frequently due to frequent faults and back supply on dated 20.08.2020 at 15.20 Hrs. the VCB Trip off showing o/c. When tried after 2 minutes it started sparking inside. Sub Station staff opened it and racked out he found the Vaccum interrupter damaged. The same thing happened earlier two times on dated 22.01.2020 and 12.04.2020 about which information was given already to your good self by Sub Station Incharge”.
From the perusal of this letter it is clear that there were frequent faults and back supply & VCB Trip off 3 times on 20.08.2020, 22.01.2020 and on 12.04.2020. It has been submitted by the respondent counsel that the incident occurs when a person is using electricity supply from two sides. We have also perused the document Ex.JND prepared on dated 25.08.2020 at 12.25 PM by the checking party in which the SDO, JE and ALM were present. The perusal of this checking report LL1 itself shows that the checking party found that the meter was found shifted to another place/premises as Nigam not issued/released the connection at that site. So this is a case of illegal shifting. In the present case, no doubt, the complainant has shifted the domestic electricity connection from his residential house situated at his village to his newly constructed house at his fields. It is also noticed that as per the documents placed on record by the respondents, it is perused that the no domestic electricity line was installed in the fields of complainant and the respondents had provided only agricultural electricity line for the use of agricultural purposes only. Till date no domestic electricity line has been installed in the fields of the complainant. We have also perused the electricity bills placed on record by the complainant through which he wants to prove that he has been making timely payment of the bills issued by the electricity department. These bills have been issued on D/F. Meaning thereby defective or fixed charges have been levied upon the complainant. There is no consumption of units shown in these bills. The same have been issued on fixed charges.
7. The complainant has failed to place on record any document to prove that he has legally shifted the domestic electricity connection from his residential village house to the house situated in his fields. He has also not placed on record any receipt of fee deposited by him regarding shifting of electricity connection. After watching the CDs, Annexure JN-A,Annexure JN-B and Annexure JN-D it has been established that the complainant has illegally shifted his domestic electricity connection from his village house to his field’s residential house. From perusal of all the above documents, it is proved that complainant has illegally shifted his electricity connection. Hence he is not entitled for any relief. As such present complaint stands dismissed with no order as to costs.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
28.09.2021.
.....................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
