ROSHAN LAL Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE appellant has filed an appeal against the orders dated 8.10.2003 passed by the District Consumer Disputes Redressal Forum, Ludhiana (in short "District Forum").

(2.) THE brief facts of the case are that the appellant was having a small dairy farm of six buffaloes and he was personally maintaining the same. He had not employed any person for its maintenance. He just earned bread and butter from his farm. He was having NRS electric connection bearing No. AP59/0094X having sanctioned load of 0.70 KWs. The respondent changed his meter No. 408514 by another meter No. 655008 on 16.9.2002 for the reasons best known to it. The respondent had put paper seal on the wooden box in this respect. The respondent raised a demand of Rs. 75,278 vide Memo dated 30.10.2002 mentioning therein that the meter was tested in the M.E. Lab and it was running slow by 82% which was totally false and baseless. The connection was disconnected on 30.10.2002 without any notice. The respondent must produce paper seals fixed on card board box, notice of disconnection, TDCO, spot report, notice of inviting him to the M.E. Lab if any issued and duly received by him and M.C.O. He was never invited to the M.E. Lab as and when the meter was tested there. On the receipt of the demand notice he went to the respondent, who told him that Rs. 72,278 had been imposed as fine because it was a case of theft of energy. He immediately refuted this allegation. Respondent refused to cancel the said memo. Being a poor man he did not deposit the same. The action of the respondent had caused him mental torture and inconvenience. It was prayed that the demand of Rs. 75,278 be quashed and his connection be restored immediately. He be allowed compensation of Rs. 5,000 including costs. Any other relief to which he might be found entitled be also granted.

(3.) IN reply, the respondent has raised some legal objections. It was pleaded that the appellant had not come to the Court with clean hands and had suppressed the true and material facts from this Forum, as such, the appellant was not entitled to any relief from this Forum. Moreover, there was no deficiency in service nor any deficiency had been pointed out by the consumer. Ture facts were that the meter of the appellant of NRS Category was changed and the same was checked in the M.E. Lab as per rules and on checking it was found that M.E. Seal Clamps of the meter body were tampered and on internal checking it was found that turns of the current coil were made short by cutting. The meter was checked on Test Bench where it was recorded 82% less consumption and the meter recorded only 18% consumption of the actual consumption and it was found a preplanned case of theft of energy, as such, the account of the consumer was overhauled and an amount of Rs. 75,278 was found recoverable and a notice in this regard was sent to the consumer, who is liable to pay the said amount. In view of the facts stated above the complaint was not maintainable and the same was liable to be dismissed. The connection in dispute was being used by the consumer for commercial purpose and not for domestic purpose, as such, the appellant was not entitled to any relief. In view of law laid down by the Hon'ble Apex Court in case P.S.E.B. V/s. Ashwani Kumar, 2010 4 CPJ 1 (SC)=VI (2010) SLT 439, this Forum had no jurisdiction to entertain and try the present complaint. It was denied that the appellant was running a small diary farm and was earning his livelihood. Appellant was a consumer and user of the disputed electric connection, were a matter of record. According to the respondent, the meter was changed as per rules and the same was got checked from the M.E. Lab and the consumer was found committing theft of energy. Demand in dispute was an admitted fact. In view of the facts detailed above, the respondent had prayed for dismissal of the complaint.