By Smt. C.S. Sulekha Beevi, President,

1. This is a complaint filed challenging the bill dated, 25-02-2009 for Rs.12,496/- issued by opposite party. The complaint was taken for preliminary hearing upon it's maintainability before issuing notice to opposite party.

2. It is the say of complainant that he used to pay regular current charges for the electricity supply to his photostat shop which is run by him for earning his livelihood. In January, 2009 the meter reader informed that he should have his tariff changed to VII A and to report the same to the section office. Complainant reported the same. Thereafter the staff from opposite party came to his shop, conducted an inspection and served him with a provisional penal bill for Rs.15,860/- dated, 21-01-2009. Later a final bill was issued revising the amount to Rs.12,496/-. After remitting half of the amount complainant filed an appeal before the Deputy Chief Engineer. The appeal was heard and the assessment of final bill for Rs.12,496/- was confirmed by order dated, 25-02-2009. This bill and order is challenged by the complainant in this complaint.

3. Section 127 of Indian Electricity Act, 2003 provides for filing appeal before the Deputy Chief Engineer challenging the final order passed under Sec.126(3). In Jharkand State Electricity Board and another Vs. Anwar Ali, 2008 CTJ 8937(CP) NCDRC the Apex Commission has held as under:

"Against the Assessment Order passed under Section 126 of the Electricity Act, A consumer has option either to file appeal under Section 127 of the Electricity Act or to approach the Consumer for a by filing complaint. He has to select either of the remedy. However, before entertaining the complaint, the Consumer for a would direct the consumer to deposit an amount equal to one-third of the assessed amount with the licencee (similar to Section 127(2) of the Electricity Act."

4. Thus against the final order of assessment under Section 126 the consumer has to select either the remedy of filing appeal before Deputy Chief Engineer or to file complaint before the Forum. He cannot move the Forum after exhausting his remedy of appeal under Section 127. Section 3 of the Consumer Protection Act is only an additional remedy. The complainant herein has already filed appeal before Deputy Chief Engineer and the order has been passed confirming the final revised assessment. Hence this complaint is not maintainable. Complaint dismissed. No costs.

 

Dated this 4th day of November, 2009.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER