BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAITHAL.
Complaint Case No.239 of 2018.
Date of institution: 31.8.2018.
Date of decision:03.06.2019.
Jagat Singh s/o Shri Prithvi Singh, r/o Janakpuri Colony, Zila Parishad Road, Opp. HPP Petrol Pump, Bye-pass, Kaithal.
…Complainant.
Versus
- Sub Divisional Officer “OP” Sub Division, Sub-Urban No.2, Kaithal.
- UHBVN Ltd. Shakti Bhawan, Sector-6, Panchkula.
….Respondents.
Before: Shri D.N. Arora, President.
Shri Rajbir Singh, Member.
Smt. Suman Rana, Member.
Present: Shri Dinesh Tyagi, Advocate for the complainant.
Shri Amit Sudershan, Advocate for the OPs.
ORDER
D.N. ARORA, PRESIDENT
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he applied new electricity connection vide registration No.X45-418-80 dt. 12.4.2018 and also deposited payment of Rs.5400/- vide receipt No.LSM36215356563. It is further alleged that he wants to run acupressure clinic in this shop for the purpose of earning his livelihood by means of self employment. The respondents are not releasing the electricity connection to him on the pretext that in the same premises some other person was in possession and theft was detected from him, but these allegations of respondents are totally false. It is further alleged that without electricity he could not start his shop and suffering huge economic loss. So, it is a clear cut case of deficiency in service on the part of OPs and prayed for acceptance of complaint. Hence, this complaint.
2. Upon notice, the OPs appeared before this Forum and contested the complaint by filing their reply raising preliminary objections with regard to maintainability; locus-standi; cause of action; jurisdiction; that the complainant has suppressed the true and material facts from this Forum. The true facts are that the premises of the complainant was checked on 30.5.2015 by the checking team of Ishwar Singh JE-1, Sandeep JE, Dinesh LM, Rakesh LM, Raghubir AFM in the presence of complainant and during checking, it was found that there was a shop running shop under the name and style of Jashan Chicken Corner by one Shyam and there was no legal electricity connection at the premises of complainant and user Shyam was taking direct electricity supply with the help of 2/C PVC connected in main LT to connect in fitting of shop. Hence, it is a clear case of direct theft of electricity energy. Photographs were taken at the spot. PVC was removed from the site. The checking report bearing LL-1 No.451/15 dt. 30.5.2015 was prepared at the spot by checking team and same was handed over to the user at the spot but said user had flatly refused to put his signature upon the checking report. Accordingly, notice of order of assessment to the tune of Rs.1,08,714/- for committing theft vide memo No.SD2KU/2015/632 dt. 04.6.2015 and Rs.15,000/- as compounding vide memo No.SD2KU/2015/633 dt. 4.6.15 u/s 135 was duly served upon the complainant but the complainant did not deposit the said amount. The complainant applied a new electricity connection for the defaulted premises through online but the Nigam inspected the premises and records and found that there is an amount of Rs.1,23,714/- is pending towards the defaulted premises vide LL-1 No.451/15 dt. 30.5.2015 and after that, application of complainant has been rejected due to pending defaulted amount. On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.
3. The complainant tendered into evidence affidavit Ex.CW1/A and documents Mark C1 to Mark C4 and thereafter, closed the evidence.
4. On the other hand, the OPs tendered into evidence affidavit Ex.RW1/A and documents Annexure R1 to Annexure R12 and closed the evidence.
5. We have heard the learned Counsel for both the parties and perused the record carefully.
6. It is not disputed that the complainant has applied for new electricity connection for the shop which is situated in New Friends Colony, Karnal Road, Kaithal and deposited the amount of Rs.5400/- through online vide Annexure C1 on 12.04.2017. After completing the formalities, when the officials of Nigam i.e. Sh. Ishwar Singh, J.E., Sandeep, J.E. and Dinesh, L.M. visited at the spot for verification of the site for installation of the new meter and checked the premises on 30.05.2015 which is situated at Friends Colony, Kaithal, they found that there was a shop running under the name and style of Jashan Chicken Corner by one Shyam. Although there was no electricity connection was given by the Nigam and the user Shyam Lal, who is running the chicken corner was taking the direct supply with the help of 2/C PVC connected in main LT to connect in fitting of shop and on the spot the officials had prepared the LL-1 Annexure-R8 and mentioned the detail of mode of theft and connected load. After that the concerned S.D.O. has assessed the loss of theft under Section 135 of Electricity Act and also assessed the theft of electricity of Rs.1,08,714/- vide Annexure-R9 and notice was issued to the user Shyam owner of Jashan Chicken Corner and assessed the compounding amount as Rs.15,000/- vide Annexure-R10. It is a clear cut case of theft and the officials found that one illegal use of electricity was noticed and found the case of theft of energy with load 2.21 for NDS purpose in the same premises where the complainant has applied for new connection. Even otherwise, the complainant has not disputed that the premises in question where theft was detected is different one. In this regard, we rely upon the authority cited in 2013(3) CLT page 227 titled as UP Power Corporation Ltd. Vs. Anis Ahmad decided by Hon’ble Supreme Court. In head-note 13(b) of this authority, it is mentioned as under:-
(b) A “complaint” against the assessment made by Assessing Officer under Section 126 or against the offences committed under Section 135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum.
The said authority is fully applicable to the present case and the present complaint is not maintainable before this Forum. No doubt, the user Shyam Lal who has challenged the theft case made by the Nigam against him filed in the Civil Court but it is after thought and the complainant cannot take the benefit of mere filing of the case in the civil court. This Forum is bound by the law laid down by Hon’ble Supreme Court as well as facts that the premises was found same where the illegal electricity was used by one Shyam Lal.
7. Thus, as a sequel of above discussion, we dismiss the complaint. However, the complainant is at liberty to approach at appropriate Court/Forum if he so desired. Liberty is granted to complainant for filing of fresh complaint remedies available under the law before appropriate Court/Forum. The period during which the present complaint remained pending before the Forum is exempted in terms of the judgment of Hon’ble Supreme Court of India in the case titled “Luxmi Engineering Works Versus PSG Industrial Institute, reported in 1995(2) SCC, page 583”. No order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to record room after due compliance.
Announced in open court:
Dt.:03.06.2019.
(D.N. Arora)
President.
(Suman Rana), (Rajbir Singh)
Member Member.
Present: Shri Dinesh Tyagi, Advocate for the complainant.
Shri Amit Sudershan, Advocate for the OPs.
Remaining arguments heard. Order pronounced, vide our separate order in detail of even dated, the present complaint is dismissed. File be consigned to record-room after due compliance.
Dated:03.06.2019. President.
Member. Member.
