TARSEM CHAND Vs. ASSISTANT EXECUTIVE ENGINEER (SDO), PSEB

JUDGEMENT

(1.) THIS is an appeal filed by Tarsem Chand (in short ˜the appellant) against the order dated 23.12.2002 of the District Consumer Disputes Redressal Forum. Sangrur (in short the ˜District Forum) by which the complaint of the appellant was dismissed by the District Forum.

(2.) BRIEF facts of the case are that the appellant was a user of electricity vide account No. MT 44/466KC. He had received notice dated 31.5.2002 vide which the respondents had demanded Rs.6,694. The abovesaid amount was deposited by him under protest to avoid disconnection. His allegation was that checking was not done in his presence nor any respectable was associated by the respondents. He had deposited Rs.1,000 with the respondents on 1.4.2002 for enhancement of the load. It was pleaded that his load was not excess than the sanctioned load. The allegation of the respondents was wrong that any Randa (wood softening machine) was running at the spot as such the demand was illegal. He prayed for quashing the notice dated 31.5.2002 and also demanded refund of Rs. 6694/ - deposited by him with the respondent. Rs. 5,000 was also demanded as compensation for mental agony and harassment.

(3.) RESPONDENTS replied and pleaded that checking was done in the presence of the appellants representative, who had signed the report after admitting the same to be correct. It was also pleaded that the appellant had shifted his meter from its original place unauthorizedly to the inner side of his house. Wire had been placed near the door. He had kept one joint in the wire behind the door but the same was not visible openly as having been kept behind the door. It was pleaded by the respondents that from that joint the appellant used the electricity unauthorisedly by inserting kundi at the joint. Electricity was being used by him for domestic purpose and also for running Randa machine of 1.5 BHP at the time of checking. It was pleaded that checking officer shown these things to the appellants representative and the same were admitted by the representative to be correct and signed the checking report, as such, the demand of Rs. 6,694 was legal.