DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB. // <br /> <br /> <br /> <br /> <br /> Complaint No. 01 Dt: 01/01/2008.<br /> <br /> Decided on: 15/05/ 2008.<br /> <br /> <br /> Kuldip Singh son of Late Sh. Balwant Singh, Resident of G. T. Road, Bara ( Sirhind), Tehsil & Distt. Fatehgarh Sahib. <br /> <br /> -----Complainant.<br /> <br /> Versus<br /> <br /> <br /> <br /> <br /> 1. Punjab State Electricity Board, The Mall Patiala through <br /> <br /> its Secretary/ Chairman. <br /> <br /> 2. Sub Divisional Officer/ Assistant Executive Engineer Punjab State Electricity Board Sirhind Tehsil and Distt. Fatehgarh Sahib.<br /> <br /> 3. X. E. N. Punjab State Electricity Board Sirhind Tehsil and Distt. Fatehgarh Sahib.<br /> <br /> ------ Opposite parties.<br /> <br /> <br /> <br /> <br /> Present:- Sh. A. S. Cheema Adv. counsel for the complainant.<br /> <br /> Sh. M. P. S. Batra Adv. counsel for the respondents.<br /> <br /> <br /> <br /> <br /> ORDER:<br /> <br /> 1. Kuldip Singh has directed this complaint against Punjab State Electricity Board where in he has alleged that electric connection bearing A/C no. KA 27/0277 is in the name of his father namely Sh. Balwant Singh who has died and he is using the said connection for earning his livelihood from the said shop/ business by self- employment. It is alleged that complainant has received the notice dt. 24/12/07 where in opposite party has alleged that complainant was committing the theft of electric energy. The aforesaid notice based on the aforesaid facts/ theft of electric energy is wrong as no checking has been made by the officials of the opposite and thus notice of recovery of Rs. 46693/- is illegal and ultravirous and thus this complaint. <br /> <br /> 2. Opposite party has alleged in the preliminary objections in the reply that the electric connection is of NRS category and complainant is not a consumer and thus this forum has no jurisdiction, that the complainant has suppressed the true facts and that complaint is false and frivolous. On merits it is submitted that electric connection is in the name of the father of the complainant which is being running for commercial purpose and they have denied the fact <br /> <br /> <br /> <br /> <br /> --2--<br /> <br /> <br /> that complainant is using the said connection. It is submitted that the said connection was checked by the officials of the opposite party on 22/12/07 and that complainant was found red handed while committing the theft of electric energy. Report has been prepared which is signed by the complainant. They have denied the other allegations.<br /> <br /> 3. Sh. A. S. Cheema Adv. for the complainant has tendered affidavit of the complainant Ex.CW1/A, Bill Ex.C-1, Copy of notice Ex.C-2 and closed the complainant evidence.<br /> <br /> 4. Sh. M. P. S. Batra Adv. for the respondent has tendered affidavit of Er. Rishi Pal Singh AE PSEB Ex.Rw1/A, Copy of checking report dt. 22/12/07 Ex. R-1, Copy of notice dt. 24/12/07 Ex. R-2 and closed the respondent evidence.<br /> <br /> 5. We have gone through the record and have heard the ld. Counsel for the parties.<br /> <br /> 6. It is admitted fact that the complainant has electric connection is in the name of Balwant Singh. Complainant has filed the affidavit Ex.CW1/A where in he has alleged that he is using the said connection after the death of his father and is earning his livelihood from the said shop/ business by self employment. Opposite party has alleged that they have checked the meter and checking report is Ex.R-2 which reveals that the complainant has signed the said report. Opposite party has imposed the penalty of Rs.46693/- on the basis of inspection report Ex.R-1 which is mentioned in the notice Ex.R-3. Therefore checking has been made in the presence of the complainant thus there is no violation of electricity rules.<br /> <br /> 7. For the foregoing reasons and discussion we dismiss the complaint of the complainant, however complainant is permitted to file a Civil Suit before the Civil Court or he can move application before the Dispute Settlement committee within one month from the receipt of the copy of the order. In the mean time the impugned amount of the bills is stayed. Keeping in <br /> <br /> <br /> <br /> <br /> --3--<br /> <br /> <br /> <br /> <br /> view the peculiar circumstances of the case parties are left to bear their own costs.<br /> <br /> 8. Copy of the order be supplied to all the parties free of cost and thereafter file be consigned to the record room.<br /> <br /> Announced:-15/05/08. <br /> <br /> (Gurdev Singh)<br /> <br /> President <br /> <br /> Distt. Consumer Forum<br /> <br /> Fatehgarh Sahib<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> (Sher Singh Sidhu)<br /> <br /> Member<br /> <br /> <br /> <br /> <br /> (Veena Chahal )<br /> <br /> Member<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />