- (1.)THIS is an appeal filed by the P.S.E.B.(in short, 'the appellant') against the order dated 10.9.2004 of the District Consumer Disputes Redrcssal Forum, Ludhiana(in short, the'District Forum') by which the complaint of Charan Singh (in short, 'the respondent') was allowed by the District Forum.
(2.)BRIEF facts of the case are that electric connection No. SP -112 was installed in the name of Karnail Singh, from whom the respondent's father Gulzar Singh had purchased the property in 1987, where the abovesaid connection was running/installed. The account number was KA13/0397A. He was using the connection for running small Atta Chakki to earn his livelihood with the help of his family members. Appellant raised the demand of Rs. 27,866 on the basis of report of M.E. Lab that M.E. Seals were found missing during the checking of the meter in the M.E. Lab, which was not correct. Appellant had violated their own rules and regulations at the time of execution of M.C.O. and the meter was neither sealed, packed nor signature of the deceased respondent or his family member was obtained. No notice regarding checking of the meter in the M.E. Lab was served. Appellant failed to establish that due to missing of seals, any type of theft was committed by the respondent. The act of the appellant amounts to deficiency in service and also causing harassment and financial burden. It was prayed that demand of Rs. 27,866 be quashed and deposited amount be refunded along with interest @ 18% per annum. Rs. 25,000 was also prayed as compensation from the appellant.
(3.)RESPONDENT replied by taking preliminary objections that the respondents have no locus -standi to file this complaint, as the connection stands in the name of Karnail Singh, the District Forum has no jurisdiction to entertain and try the complaint, complaint was not maintainable before the District Forum. On merits, it was denied that there was any deficiency on the part of the appellant. The electric meter, which was installed in the premises ol' consumer Karnail Singh was changed as per instructions of the Board and new electronic meter was installed. Old meter was sent to M.E. Lab vide store challan dated 10.11.2003 and was tested there by Senior Executive Engineer (Enforcement) and Senior Executive Engineer(M.E. Lab) in the presence of deceased respondent -Charan Singh. Late Sh. Charan Singh refused to sign the test report and a note to this effect was mentioned in the test report by the officer, who tested the meter in dispute in the M,E. Lab. It was reported that all the M.E. seals installed on the meter body were missing and the consumer was controlling the consumer/energy as per his own choice and it was a theft case. On the basis of M.E. Lab report, respondent was directed to pay Rs. 27,866, which was calculated on the basis of sanctioned load of 14.920 KWs. The demand in dispute was rightly raised as per terms and conditions and there was no deficiency on its part. Dismissal of the complaint was prayed for.
Learned District Forum after hearing the learned Counsel for the parties and going through the record, allowed the complaint and quashed the demand of Rs. 27,866 and appellant was directed to refund the deposited amount with 12% per annum interest from the date of deposit till actual payment.