//Orders on the application of the Complainant for temporary restoration of supply of electricity //

Per : Hon’ble Member Shri. B.B. Rasal

[1]        The Complainant filed interim application on 09/02/2023, today, it is taken on the Board. The Counsel for Opponent present.  The matter was argued by both the parties.

[2]        After perusal of the documents on record filed by the Complainant  and the Opponent, as also Citation and Judgment of Hon’ble Supreme Court,  the main grievances of the Complainant are that she lives with her family and the Opponent has not paid heed to her application to restore the electricity supply.  On the other hand, the Opponent states that the Complainant’s Father-in-Law conducted theft of electricity  and FIR against him has been filed by the Opponent’s Officers.

[3]        Therefore, the Consumer Forum does not have any jurisdiction to hear the matter  about the theft of electricity as the same proceedings are U/Sec. 135 of Electricity Act,  2003.

[4]        Primafacie, at the stage of interim application, this Forum is not going into detail evidence of both the parties.  It appears that the Complainant applied  for a new connection.  Although she live at the same address where her father in law reside the Opponent have filed the FIR of theft   U/Sec. 135 of Electricity Act,  it is material to note that the Opponent very well knew that the new connection is given, they also generated Electricity Bill, hence, the Opponent deemed admitted that the Complainant as a new customer.  Hereafter the Opponent can not resile  from their position as the Opponent has accepted the Deposit amount and issued a new meter as well as Electricity Bill.  Therefore, it is deemed that the Complainant is a consumer and she is entitle to be protected in her interest  and her electric supply should not be cut arbitrarily without giving notice.  The arguments of the Opponent  that the Consumer Forum does not have jurisdiction to try this matter do not hold water as the electricity Bill has already been issued.  The Forum does not touch the theft provision or Section 135 of Electricity Act.  We only protect the interest of the Complainant as a consumer till the final disposal of the case.

[5]        Therefore, in the light of the above discussion, the application of the Complainant is allowed and the Opponent is directed to restore electricity connection till final disposal of the case.