DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 41/2016
Himadrimanjari Mahana , aged about 64 years,
W/o Suryamani Mahana, Plot No.461, Nuasahi,
Nayapalli, Bhubaneswar, Dist – Khurda
…. Complainant
-Vrs.-
1. Executive Engineer (Elect.), CESU, BCDD-I,
Unit – 8, Power House Chhaka, Bhubaneswar,
Dist – Khurda
2. Sub- Divisional Officer (Commerce),
CESU, BCDD-I, Bhubaneswar, Dist – Khurda
…. Opp. Parties
For the complainant … Sri K.C.Prusty
For the Opp. Parties … Exparte
Date of filing : 01/02/2016
Date of disposal : 04/07/2022
ORDER
K.C.RATH, PRESIDENT
1. The case of the complainant is that he had availed electricity from the OPs vide consumer No. 7-A-098-000 with connect load of 2 KW under domestic category and she was regularly paying the electricity charges without any default. When the matter stood thus, the OPs issued provisional assessment notice on 18/01/2016 to the complainant assessing a sum of Rs.56,930/-, which accordion to the complainant is illegal, erroneous and hence not payable by the complainant. Hence this case.
2. Upon notice, the OPs failed to appear and take part in the proceeding for which they have been set exparte and exparte hearing is taken up basing on the documents available on record.
3. Heard the learned counsel for the complainant at length and perused the documents filed along with the complaint petition. In this regard, we, first of all, find that the real grievance of the complainant in this case relates to the action taken by the concerned authorities under section 126 of the Electricity Act, 2003 and making provisional assessment against the consumer for unauthorized use of electricity and demanding payment of the same. But, as a matter of fact, we find that no reply/ show-cause to such provisional assessment notice dated 18/01/2016 appears to have been filed by the complainant and instead of doing so as envisaged in the O.E.R.C. Act, 2003, the complainant has preferred to file this complaint.
4. It has been observed by the Hon’ble Apex Court in Para-47 of the judgment in case of U.P. POWER CORPORATION LTD. & OTHERS, VRS: ANIS Ahmad reported in 117 (4) CLT-750 (SC) that :-
“A complaint against the assessment made by the Assessing Officer U/s 126 of the Electricity Act, 2003 and order against the offence committed U/s 135 to 140 of the Electricity Act, 2003, is not maintainable before a Consumer Forum.”
Therefore, in view of the above quoted settled position of law, we are of the opinion that this Commission has got no jurisdiction to entertain the present complaint and adjudicate the dispute involving the assessment made by the concerned authority U/s 126 of the Electricity Act, 2003 for the alleged un-authorized use of electricity. Hence ordered that :-
ORDER
The complaint is dismissed exparte against the OPs with liberty to the complainant to appeal before the appropriate authority under the Electricity Act, 2003.
The order is pronounced on this day the 4th July, 2022 under the seal & signature of the President and Members of the Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree I agree
(S.Tripathy) (B.R.Swain)
Member (W) Member
Transcribed by Smt. M.Kanungo, Sr.Steno
