DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.324 of 19-07-2010 Decided on 11-11-2010 Ranjha Singh aged about 47 years son of Sh.Farid Singh, resident of Maur Road, Rampura Phul. .......Complainant Versus Punjab State Power Corporation Limited, The Mall, Patiala, through its MD/CMD/Chairman. S.D.O./A.E.E., Punjab State Power Corporation Limited, City Sub Division, Rampura Phul.
......Opposite parties
Complaint under Section 12 of the Consumer Protection Act, 1986.
QUORUM
Smt. Vikramjit Kaur Soni, President. Dr. Phulinder Preet, Member. Sh. Amarjeet Paul, Member.
Present:- For the Complainant: Sh.Ashok Gupta, counsel for the complainant. For Opposite parties: Sh.Sukhbir Singh, counsel for opposite parties.
ORDER
VIKRAMJIT KAUR SONI, PRESIDENT:-
1. The present complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 (Here-in-after referred to as 'Act'). In brief, the complainant has filed the present complaint with allegations against the opposite parties that he is holding electric connection bearing A/c No.B61RM290019F. The complainant got a bill dated 18.06.2010 of Rs.16,800/- in which Rs.16,342/- has been shown in column of current financial years without any explanation. The complainant approached the opposite party No.2 and demanded the details of alleged Rs.16,342/- but the opposite parties did not respond to request of the complainant. The complainant alleged that Power Com has not issued any notice before raising alleged amount of Rs.16,342/- and also not demanded any objections. The complainant alleged that he is consumer under the provisions of the 'Act'. The connection is in the name of Sh.Farid Singh who was the father of the complainant and died since long and the complainant is beneficiary. Hence, the complainant has filed this complaint for quashing the amount of Rs.16,342/- and to pay compensation to the tune of Rs.50,000/- for mental tension and harassment. 2. The opposite parties have pleaded in their statement that the checking was conducted in the premises of the complainant on 13.03.2008 by the officials of Punjab State Power Corporation Limited and during checking, it was found that the main service line coming to the meter of the complainant is going from the roof of the house to the 'Vehra' and is going to the meter on the other side of the street and complainant has made a joint on the roof of the kitchen and is getting supply by bye-passing the meter, in this way, the complainant indulged in committing theft of electricity. The checking was conducted in the presence of representative of the complainant and a copy of the checking report was supplied to the representative of the complainant at the site. On the basis of aforesaid checking, a demand notice bearing memo No.696 dated 10.04.2008 thereby raising a demand of Rs.9,300/- was issued to the complainant but he refused to receive the demand notice. Accordingly, the said amount was added in the subsequent bills but the complainant has failed to pay this amount. The opposite parties have also placed the detailed chart showing the details of amount due. The opposite parties have further pleaded in para No.4 on merit on its written statement that the complainant was well within his knowledge about the amount raised as he himself is an employee of the opposite parties. The demand notice was issued and subsequently bills were issued but the complainant never deposited the due amount. The complainant was afforded the opportunity to file objections by raising the demand of Rs.9,300/- on account of theft of electricity but he intentionally did not received the notice and he can not be allowed to take the benefits of his own wrong. 3. Parties have led their evidence in support of their respective pleadings. 4. Arguments heard. Record alongwith written submissions submitted by the parties perused. 5. The complainant is holding Domestic electric connection bearing A/c No.B61RM290019F. The said connection is in the name of his father Sh. Farid Chand who died long back. Hence, he is beneficiary to the said connection. The complainant got a bill dated 18.06.2010 of Rs.16,800/- in which Rs.16,342/- has been shown in column of current financial years. The learned counsel for the complainant has submitted that the amount of Rs.16,342/- in the alleged bill is illegal as the Power Com has raised this demand without any basis and against rules and no explanation has been given. The Power Com has neither issued any notice before putting the alleged amount of Rs.16,342/- nor demanded any objections. The learned counsel for opposite parties has submitted that the premises of the complainant was checked on 13.03.2008 vide Ex.R-2 and wife of the complainant was present at the time of checking. A Provisional Order of Assessment has been issue to the complainant on 10.04.2008 vide Ex.R-3 for Rs.9,300/- but the complainant has refused to receive this notice. This notice was duly sent to the complainant by registered post. Accordingly, the said demand was added in subsequent bill. The complainant has not produced electricity bill prior to 18.06.2010. 6. A perusal of checking report shows that the complainant was using the main service line coming to the meter of the complainant which was going from the roof of the house of the 'Vehra' and was going to the meter on the other side of the street and complainant has made a joint on the roof of the kitchen and was getting supply by bye-passing the meter and in this way, the complainant was found committing theft of electricity. The checking was conducted in the presence of representative of the complainant and copy of said checking report has been supplied to the representative of the complainant at the spot and demand notice bearing memo No.696 dated 10.04.2008 for a sum of Rs.9,300/- was issued to the complainant. The complainant also refused to receive the demand notice and has not paid a single penny out of the electricity amount or out of the subsequent consumption charges and he is in arrears of entire amount. He did not pay a regular bills and continuous defaulter. 7. A perusal of Ex.R-1 which is consumption data shows that since 12/2008 the complainant has not been paying the bills. For this, the opposite parties have written a note on the consumption that the complainant has not been paying any bill since 12/2008 and amount of Rs.9,300/- has been included with the consumed bill which accumulated to the tune of Rs.16,342/- till 4/2010. Hence, it is clear from Ex.R-1 that the opposite parties have demanded Rs.16,342/- on account of checking done on 13.03.2008. The amount of Rs.9,300/- out of the amount of Rs.16,372/- is for theft of energy and remaining amount is as per consumption data vide Ex.R-1. 8. In view of what has been discussed above, this Forum is of the considered view that the complainant is defaulter in paying the demanded amount raised through provisional order of assessment dated 10.04.2008 Ex.R-3 since then, he has not paid any bill. Therefore, there is no deficiency in service on the part of the opposite parties. Hence, this complaint is dismissed without any order as to cost. 9. A copy of this order be sent to the parties concerned free of cost and file be consigned for record. '
Pronounced in open Forum (Vikramjit Kaur Soni) 11.11.2010 President
(Dr. Phulinder Preet) Member
(Amarjeet Paul) Member | 
