FIRST ADDITIONAL BENCH

STATE  CONSUMER  DISPUTES  REDRESSAL COMMISSION, PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                   First Appeal No.1280 of 2015

                                                Date of Institution: 24.12.2015

                                                Date of Decision:  22.04.2016

Niranjan Singh s/o late Ram Karan Singh s/o Amer Singh, being legal heir of Late Ram Karan Singh, resident of Village Warring Khera, Tehsil Malout, District Sri Muktsar Sahib

                                                                           Appellant/Complainant

                             Versus

Punjab State Power Corporation Limited through its Sub Divisional Officer, Mandi Killianwali, Tehsil Malout District Sri Muktsar Sahib.

                                                                   Respondent/Opposite party

First Appeal against order dated 17.11.2015 passed by the District Consumer Disputes Redressal Forum,  Muktsar Sahib.

Quorum:-

          Shri J. S. Klar, Presiding Judicial Member.

            Shri.H.S.Guram, Member

Present:-

          For the appellant                       : Sh.D.S Virk, Advocate   

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         J.S KLAR, PRESIDING JUDICIAL MEMBER :-

          Aggrieved by order dated 17.11.2015 of District Consumer Disputes Redressal Forum Muktsar (in short, the District Forum), the appellant of this appeal being legal representative of late Ramkaran Singh (the complainant in the complaint) has directed this appeal against the respondent of this appeal (the opposite party in the complaint). The District Forum dismissed the complaint of the complainant. The instant appeal has been preferred against the same by the complainant now appellant in this appeal.

2.      The complainant has filed the complaint U/s 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the OP on the averments that electric meter bearing no.Y11BK460375K was installed in the name of Ramkaran Singh (since deceased) and he has been paying consumption charges to OP regularly. The sanctioned load was 1.00 KW. As per departmental process, the meter of the complainant was shifted outside in common box along with other meters. The complainant was astonished, when he received bill for the month of December 2012 raising demand of Rs.64,000/-by OP. The complainant approached the office of OP, but they put off the matter on one pretext or the other. The complainant moved an application in the month of March 2014 in the office of OP, but to no effect. The meter of the complainant was removed either by the Electricity Department or it has been stolen. Latest bill reflected the position of the meter being shown as 'S' which means that meter has been missing. OP sent bill to complainant and latest bill is dated 06.05.2015. The complainant has filed complaint on account of deficiency in service of OP for quashment of the demand of Rs.95,000/- raised by OP. The complainant has also prayed for compensation of Rs.50,000/- and Rs.10,000/- as costs of litigation.

3.      Upon notice, OP appeared and field written reply and contested the complaint of the complainant vehemently. It  was averred in preliminary objections that complaint is not maintainable. The complainant has suppressed the material facts from the Forum. The complainant has no locus standi or cause of action to file the complaint. The matter cannot be examined by District Forum in summary manner, which requires elaborate evidence for adjudication which needs to be adjudicated by competent court of law only. The District Forum has no jurisdiction to try & entertain the complaint. On merits, OP averred that it is not in their knowledge, if Ramkaran Singh died or not. The complainant has not moved any application in the office of OP for changing the electric connection in hi