Sri S.C. Sahoo, Member-This is a complaint praying for a direction to Ops to give electric line connection and to give correct electricity bill along with a compensation of Rs.75,000/- for mental agony, for harassment and financial loss.
The brief facts of the complaint is that the complainant is a bonafide consumer under the Ops having electricity consumer No. 1DJ 1626 (New No- 62211 2201029) has been paying his electricity dues since from the year 2005. But in the year 2013 the Ops have not given the bill for the month of July 2013 though the complainant complained through written request. But the Ops remain silent on the matter. Further the Ops have charged a sum of Rs.10,000/- on 25.07.13 towards arrear dues arbitrarily in spite of payment of Rs.3000/- by the complainant and on 28.06.13 the complainant paid Rs.2000/- towards MMPC along with energy charges further demanded Rs.200/- for reconnection charges which was paid by the complainant to the Ops. But in spite of all their demand and on payment of demanded amount the Ops have disconnected the power supply from the premises of the complainant on 25.07.13. Hence, this complaint –
In support filed:
1. A letter addressed to S.D.O, NESCO, Joda, dt.19.08.2013 – 1 sheet.
2. Xerox copy of payment receipt No. 357906, dt.29.06.14, No.357899, dt.28.06.13, No.043714, dt.30.03.13 – 1 sheet.
After service of notice the Ops have appeared and filed their written version stating that the allegations as made by the complainant has no basis without having substance and are untenable in the eyes of law liable to be dismissed as the case is not maintainable in the eyes of law. The Ops have further stated that the complainant has suppressed material facts i.e. a proceeding U/s. 126 of Electricity Act 2003 was initiated against the complainant for consuming power unauthorizedly extracting electricity energy to his premises as verified on spot verification on 13.08.13 the complainant consuming 6 KW load beyond its contracted load factor of 1 KW by using 4 heaters as 1000 watts each which is an extraction of 5 KW of energy more by the complainant and no meter was found in the premises of the complainant. Accordingly due opportunity was given to the complainant to file show cause/ objection. But the complainant did not turn up and as such the Ops have assessed Rs.88,338/- U/s. 126 (3) of Electricity Act 2003. The payments as paid by the complainant were all prior payment before assessment made and the billing was provisional basis with 144 units per month.
In support filed:
1. Spot verification report on dt.13.08.13 vide Book No.NA-0071, Sl. No. Z-1752 by NESCO Authorities – 1 sheet.
2. Letter of SDO, NESCO, Joda, dt.14.08.13, vide No. 550 (3) – 1 sheet.
3. Letter of SDO, NESCO, Joda, dt.30.09.13, vide No. 691 (3) – 1 sheet.
4. True copy of ledger of billing & arrear amount – 1 sheet.
Heard, the matter on behalf of the Ops through their authorized person in absence of the complainant. It is not disputed that the complainant is a consumer before the Ops. It is ascertained during hearing of the complaint petition and found from the contentions of the learned authorized person for the Ops and as well as on scrutiny of the documents available in the record that on 13.08.13 verification was made in the premises of the complainant and provisional assessment was made giving due opportunity to the complainant to the tune of Rs.88,338/- for unauthorized abstraction of power U/s. 126 of the Electric Act 2003. The complainant was intimated about the same and was asked to deposit of a sum of Rs.3532/- towards additional security for the additional connected load factor and Rs.88,338/- and was intimated by Ops vide letter No. 550 (3), dt.14.08.13 to file objection against the provisional assessment.
We find that without making payment of the said assessment amount or preferring any appeal U/s. 127 of Electric Act 2003, and without submission of any bill for consumption of Electricity the complainant came over to this Forum for and without making any payment thereon or without preferring any appeal U/s. 127 of Electricity Act 2003 in the appropriate Forum, the complainant came over to this Forum and filed the complaint and as such complaint is not entertainable as per observations by the Hon’ble Supreme Court in SLP (Civil) No. 35906/2011, decided on 01.07.2013 held in para 47 (ii) that a complaint against the assessment U/s. 126 of the Electric Act 2003 or against offences committed U/s. 135 to 140 of Electric Act 2003 is not maintainable before a consumer forum. Hence, the complaint petition of the complainant is dismissed having no merit as not maintainable.
Accordingly, the case is disposed of.
