1.This appeal is preferred against the order dated 11/11/2008 passed in CC No.192/2008 by District Forum, Amravati by which complaint has been partly allowed.
2.Admittedly, the complainant/appellant herein was enjoying electric connection given to his house by the respondents herein. The officers of the respondent issued bill of Rs.33065/- U/s 126 of Indian Electricity Act to the complainant on the ground that the complainant/appellant committed theft of electricity by tampering with the meter.
3.The complainant had claimed in the complaint that the said bill of Rs.33065/- be cancelled as it is illegal and he be granted compensation with cost as specified in the complaint.
4.The said complaint was resisted by the respondent by filing written version. They submitted that the bill is meagre and that the complaint is not maintainable as the provision of appeal U/s 127 of Electricity Act is available in the present case. He also submitted that after due inspection of the meter it was found that the appellant tampered wsith the meter and committed theft of the electricity and, therefore, the disputed bill has been issued U/s 126 of Indian Electricity Act. Hence they submitted that complaint may be dismissed.
5.We have heard Ld.advocates of both parties and perused the wna and other documents filed by both the parties. The Hon’ble SC in the case of UP Power Corpn.Ltd. and Ors. Vs. Anees Ahmed III (2013) CPJ 1 (SC) has very speficaly held that complaint made against assessment made by assessing officer U/s 126 of Electricity Act,2003 is not maintainable before the Consumer For a. In the instant case, admittedly,m the disputed bill has been issued as per assessment u/s q126 of Electricity Act. Therefore, complaint is not maintainable before the District Forum. However, the respondent herein have not preferred against the impugned order passed against them. Only the original complainant has preferred the appeal. However, we find that since complaint was not maintainable before the Forum below, no additional remedy in apopeal can be granted to the appellant. The appeal, therefore, deserves to be dismissed.
ORDER
i. The appeal is dismissed.
ii. The appellant/original complainant is at liberty to seek other remedy as per law available to him.
iii. No order as to cost in appeal.
Copy of the order be furnished to both parties.
