1. Facts discerning this case in nutshell are that, the claimant Muhammad Shafiq is the resident of the Chak No.209/R.B, Faisalabad and he is the consumer of electricity to his said premises under Account No.06-3138 07036005-R, Tariff A-1 of domestic electricity connection provided by the FESCO. On 17.06.2008 at about 05:30 P.M, the defendant Assistant Manager Operation, Muhammad Rashid along-with Abdul-Razzaq, Line Superintendent II, FESCO officials came there and took away forcibly the claimant's electricity meter along-with electricity wire. The claimant lodged a complaint regarding such occurrence in the Police Station Sadar for registration of case against the FESCO officials. Muhammad Rashid, Assistant Manager Operation, FESCO (defendant No.1) also lodged a complaint at the Police Station Sadar with the allegation that the claimant was found to steal the electricity by tempering with the meter but the same was cancelled on inquiry having been found false. The claimant reminded the FESCO officials for restoration of electricity energy to his premises under the above said tariff account as well as for re-installation of electricity meter but in vain causing mental and physical torture as well as disgrace to him. The defendants also imposed detection bill Rs.3,032/- on the claimant which was deposited under protest on 26.08.2008. As it was intense summer season, the claimant took temporary electricity connection from domestic electricity meter under Account No.06-3138-07-034007-R of his son where after in order to further terrorize the claimant, the FESCO Authorities also forcibly took away the electricity meter of the claimant's son Muhammad Waqas on 25.06.2008 at 12:30 P.M. Under such circumstances, the claimant has issued legal notices against the defendants requiring them to pay Rs. 125,000/- as damages / compensation but they have not replied such notices, hence, this claim.
2. The defendants have vehemently opposed the claim by filing their statement of defence inter- allia on the ground that, the FESCO Authorities have neither dislodged the claimant's electricity of his premises nor disturbed the electricity supply there with the further contention that there is serious litigation between the parties in the Civil Court at Faisalabad that, therefore, the claimant has lodged this false claim in retaliation there of. As the matter needed evidence, therefore, the claimant Muhammad Shafiq has appeared as Pw-1 as he submitted his affidavit as Ex.PW-1/1in support of his version. In his documentary evidence the claimant has tendered the Fard Jamabandi of 2004-05 dated 16.09.2008 as Ex.P-1, legal notice dated 28.06.2008 as Ex.P-2, postal receipts as Ex.P-3 to Ex.P9, Postal receipts A.D as Ex.P-10 to Ex.P-13, Receipt of Legal Counsel Fee as Ex.P-14, the documents in Re: Muhammad Shafiq Vs. FESCO, etc as Ex.P-15 to Ex.P-22, copy of electricity bill for the month of June, 2008 as Mark-A, copy of electricity bill for the month of August, 2008 along-with detection bill as Mark-B, copy of application for registration of case dated 17.06.2008 as Mark-C, copy of application for registration of case dated 27.06.2008 as Mark-E, copy of application for registration of case against the claimant dated 03.07.2008 as Mark-E, report of Police Station as Mark-F, copy of certificate as Mark-G, copy of letter No.208 dated 01 March, 1992 as Mark-H, copy of certificate / degree of B.A as Mark-J. In rebuttal, Abdul-Razzaq, Line Superintendent II, Assistant Manager Operation Office (Defendant No.2) appeared as DW-1 who sworn his affidavit as Ex.DW-1/1 in support of the defendant's contention. In documentary evidence, the defendants have adduced the electricity bill as Ex.D-1.
3. After conclusion of evidence of the parties I have heard both the sides at length and carefully perused the documentary evidence as produced by both the sides.
4. From the facts readily available on record, on critical appreciation of evidence, the matter has been confined to the core moot able point as to whether or not the defendants have disconnected illegally the electricity supply to the claimant's premises on 17.06.2008 at about 05:30 P.M. From the evidence on record. It appears that the claimants lodged a complaint in this regard at the Police Station Sadar, that the defendant No.1 Muhammad Rashid, Assistant Manager Operation also lodged a crime complaint against the claimant for theft of electricity at the same Police Station which was cancelled having been found false. Although, Abdul-Razzaq, Line Superintendent II, office of the Assistant Manager Operation, FESCO (DW-1) has denied the disruption and disconnection of the electricity supply to the claimant's premises in his affidavit Ex.DW-1/1 but the documents in support of the claimant provide beacon light to resolve the controversy between parties. Mark-C is the copy of an application showing that soon after disconnection of electricity supply of the claimant's premises, the claimant went to the Police Station Sadar, Faisalabad for lodging the crime case against the FESCO Authorities concerned on the same day. As the Station House Officer of Police Station Sadar, Faisalabad was hesitant to file crime case against the FESCO officials, hence, the claimant approached D.I.G Police (Operation) Faisalabad for registration of crime case vide his application dated 27.06.2008(Mark-D). The FESCO Authorities also submitted a complaint before the Station House Officer of Police Station Sadar, Faisalabad for theft of electricity energy by the claimant in his premises on 03.07.2008 vide (Mark-E) but on investigation this complaint was found false on two fold grounds as, on the one hand, the owner of the premises Muhammad Iftikhar was found to be dead at that time and, on the other hand, electricity meter was found to have been removed from the claimant's premises in his absence vide report of Abdul-Sattar, Assistant Sub Inspector Police dated 07.07.2008 (Mark-F). It is very strange to note that Muhammad Rashid (the defendant No.1) dared not to appear in rebuttal of such documents and Abdul-Razzaq, Line Superintendent (defendant No.2) appeared as DW-1 remained mum about the authenticity of the same documentary evidence, hence, the same has attained authenticity.
5. From the above said facts on record, on close scrutiny of evidence; I have squeezed out with clarity the following points: A. The statement of Muhammad Shafiq (PW-1) supported by documentary evidence as referred above is worth believing, confidence inspiring, cogent and coherent; B. The non appearance of Muhammad Rashid, Assistant Manager Operation (defendant No.1) in support of his version that he never disconnected the electricity connection to the claimant's premises goes adverse to the stand of FESCO, Faisalabad as the claimant raised direct allegation in this regard but he dared not to appear in witnesses box.
C. Although, Abdul-Razzaq, Line superintendent II, DW-1 has denied to have removed the electricity meter from the claimant's premises but he has been unable to say even a single word in rebuttal of documents Mark-C to Mark-E. Therefore, the persons may tell a lie but not the documents, hence, evidentiary value of the statement of Abdul-Razzaq, Line Superintendent, DW-1 is hereby discarded.
6. The upshot of the above whole discussion is that, the defendants (the FESCO Authorities) have illegally disconnected the electricity connection to the claimant's premises in the moth of June, 2008 which is the period of scorching heat causing him mental and physical torture and disturbance to the claimant and his family members and, thereafter, re-installed the meter on 03.07.2008 in order to provide the shelter of their illegal act, therefore it has been proved that their services are faulty and defective, hence, the consumer / claimant is entitled to the damages for faulty and defective services for non providence of electricity energy to the claimant's premises in between the period of 17.06.2008 to 25.06.2008. However, as regards the quantum of compensation, it is consumer's forum to pay an appropriate amount by way of compensation to the claimants for any loss and injury suffered by them due to the negligence of the opposite party, hence, the defendants shall pay an amount of Rs.15,000/- to the claimant as damages / compensation whereas they shall further pay an amount Rs.10,000/- as legal expenses i.e total amount of Rs.25,000/-. The defendants shall pay the above said amount to the claimant within a period of thirty days, otherwise, they shall be dealt with U/S.32 (2) of the Punjab Consumer Protection Act, 2005. With these observations file be consigned to the record room after its due completion.