LAL SINGH Vs. HARYANA STATE ELECTRICTY BOARD

JUDGEMENT

(1.) Complainant Lal Singh has come up in appeal against the order dated 8th March, 1996 passed by learned District Forum, Kanaal, whereby his complaint against the Haryana State Electricity Board has been dismissed by holding that it was not for the Consumer Forum to determine whether the complainant was guilty of theft of energy or not, for which he could have been relegated to the remedy of Civil Court. Complainant approached the District Forum alleging that even though he had already made the payment of the electricity bills upto date, still a bill for the sum of Rs.5,858/- was sent to him by the H. S. E. B. on 12th August, 1994 being the balance outstanding against him of the previous months. Though he had made efforts for the rectification of the bill, but in the next bill received by him on 11th November, 1994 a sum of Rs.7,425/- was shown as amount pending against him from the last bill. The complainant paid the amount under protest on 14th November, 1995 to avoid disconnection of electricity supply to his tube-well, but has claimed refund of the amount paid by him.

(2.) Haryana State Electricity Board in its written statement pleaded that in fact it was a clear cut case of theft of energy as the complainant was found running a flour mill (Atta Chakki) without any electricity connection for that as his connection was only for the tube-well, for which the tariff was payable only on flat rate basis. The District Forum after going through the record and the various reports regarding extra load of electricity supply being consumed by the complainant and the affidavits filed by the Officers of the Vigilance Department of H. S. E. B. found that at the time the site was inspected by the H. S. E. B. he refused to sign the checking report. It was under these circumstances that the learned District Forum dismissed the complaint finding it difficult to adjudicate as to whether the complainant was in fact guilty of theft of energy or not.

(3.) In the appeal before us, learned Counsel for the appellant has not advanced any new argument but confined the same to the submissions already made before the District Forum. Reiterating the same, it was vehemently contended by the learned Counsel that it was not a case of theft of energy and whether the electricity supply was being used for the tube-well or for Atta Chakki, the H. S. E. B. should not have objected to the same. After going through the memorandum of appeal, we do not find any merit in the same, inasmuch as without the permission of the H. S. E. B. the electricity to the tube-well of the complainant supplied by the H. S. E. B. on the flat rate basis could not be diverted by the complainant for running the Atta Chakki. Moreover as the complainant failed to produce any material in support of his plea that there was neither any theft of electricity nor could he be stopped from using the energy for the purpose of Atta Chakki, the complaint has been rightly dismissed by the learned District Forum. Resultantly, there being no merit in the appeal, the same is also dismissed being devoid of force.