PUNJAB STATE ELECTRICITY BOARD Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS is an appeal filed by PSEB (in short 'the appellant') against the order dated 25.3.2009 of the District Consumer Disputes Redressal Forum, Kapurthala (in short the 'District Forum') by which the complaint of the respondent was accepted by the District Forum.

(2.) BRIEF facts of the case are that respondent/complainant (hereinafter called as "respondent") was resident of village Mane, Talwandi, Tehsil Bholath, District Kapurthala since 1966 was residing abroad (England). The respondent was having electric Connection No. X -33CD261191A installed at his residential house situated inhouse village Mane, Talwandi, Tehsil Bholath, District Kapurthala. He had raised construction with his own generator set. It was alleged that on 9.8.2008 at 2.00, appellant No. 2 along with his driver namely Meshi had come to house of the respondent and demanded an amount of Rs. 15,000 as bribe, but he refused to oblige and on this, the appellant No. 2 became annoyed and gave threats to put a heavy penalty upon him on the allegation of theft of electricity. Respondent borrowed an amount of Rs. 10,000 from one Paramjit Singh son of Harbhajan Singh, resident of Mane, Talwandi, and handed over the same to appellant No. 2 in the presence of Paramjit Singh and one Kashmir Singh. Thereafter, he informed Superintending Engineer on his telephone No. 9872516005 and to Chief Engineer Mr. T.S. Thind, Jalandhar on his mobile No. 9872516002 regarding the above occurrence on the same day i.e. 9.8.2008. It was alleged that on 9.8.2008 in the evening, the appellant No. 2 sent two peons, namely Sunbright and Mohan Singh for returning of the amount of Rs. 10,000 back to the respondent in the presence of Kulwant Singh son of Harnam Singh, resident of Mane, Talwandi. On 20.8.2008, the respondent received a notice No. 1033 dated 12.8.2008 issued by the Assistant Engineer, vide which a fine of Rs. 44,880 was imposed upon the respondent alleging theft of energy and to deposit the same within a period of seven days from the service of the said notice. Respondent also received a letter No. 1004 dated 12.8.2008 in which it was directed to complete the fittings of electricity. It was alleged that the demand of Rs. 44,880 as theft charges was illegal, null, void and arbitrary. Respondent prayed that appellants be directed to withdraw the notice No. 1003 dated 12.8.2008 of Rs. 44,880 and also prayed that respondent be directed not to disconnect his electric connection with a compensation of Rs. 50,000 on account of loss, mental tension, agony and harassment.

(3.) ON notice, appellants appeared and raised some preliminary objections that the complaint was not maintainable, respondent had no cause of action to file the present complaint and is estopped by his own act and conduct from filing the present complaint. On merits, it was alleged that the respondent was found using electricity from L.T. line directly for construction purpose where the electric connection bearing A/c No. CD26/1191 was installed. Respondent noted his observations in his checking register No. 9, page No. 34. On merits, it was pleaded that the Sr. Executive Engineer Mr. Som Nath Appellant No.2 checked the electric connection bearing account No. CD26/1191 -92 of the respondent in his presence and found that one 'Randha machine' of 2 BHP, grinder machine of 1.4 BHP for grinding the stone, wooden machine of BHP were running from the above said connection and the electric fitting was also not complete in the premises of the respondent. He also found that the respondent was committing theft of energy by way of joining of LT line which was going along the boundary wall of his premises where the electric connection No.CD26 -1191 was installed and the electricity was being used for one stone cutter of BHP and grinding machine of 2BHP. The checking report was prepared at the spot and the respondent signed the same after admitting the same to be correct. On the basis of the checking report, a demand of Rs. 44,880 was raised vide memo No. 1003 dated 12.8.2008 Ex.R -2. It is also alleged by the respondent that the respondent filed the false complaint at the instance of his nephew Paramjit Singh son of Harbhajan Singh resident of village Mane, Talwandi as the PSEB has lodged two complaints with PS, Bhulath for registration of cases vide memo No. 54, dated 17.1.2006 and 92, dated 23.1.2006 as said Paramjit Singh had broken the Poles of the PSEB and have obstructed the working of the PSEB. A civil suit was filed by said Paramjit Singh and his application for grant of interim injection was dismissed by the Civil Court. The PSEB had laid wires and poles in the land of Paramjit Singh in order to provide electric connection to one Jaswant Kaur and due to this grouse the complaint was filed respondent who is close relative of the Paramjit Singh. The story regarding demand of bribe and return of the same is a concocted story and no demand of bribe was ever raised by Sh.Som Nath Mahi, Sr. XEN from the respondent. The demand of Rs. 44,880 was raised rightly on basis of checking report dated 9.8.2008 and prayed for the dismissal of the complaint with costs.