SMT. RAVI SUSHA : PRESIDENT
Complainant filed this complaint U/S 35 of Consumer Protection Act 2019 seeking to get an order directing to reinstate the electric connection to his house together with compensation.
Opposite party filed detailed version stating that the electric connection given to complainant having No.8544 under IA Tariff was used by the complainant for construction purpose of his newly constructing building and Kannur APTS conducted investigation and found that complainant has used electric energy unauthorized for the construction purpose of another building and imposed fine of Rs.17137/-. Hence Assistant Executive Engineer has issued provisional bill for Rs.17137 to the complainant in consumer No.8544. Since the complainant had not accepted the said bill as it is in the name of his mother(who is no more), the final bill dated 22/1/2022 was also issued. As the complainant reluctant to accept the bill, final notice was affixed in the meter and on 14/2/2022, the service connection was dismantled.
Now OPs filed a maintainability petition stating that this complaint is not maintainable before this commission. The contention raised by the OP is that a complaint against assessment made by assessing officer under S.126 or against offences committed under Sec.135 to 140 Electricity Act, is not maintainable before Consumer Forum. Complainant filed objection.
On perusal of documents produced from the side of OP, it is seen that a site Mahazer was prepared by Sub Engineer of KSEB Kannur Section Mr.Ranjith.O.K, in the presence of APTS and found that complainant has unauthorized used the electric energy from his LT IA tariff connection No.8544 to his newly constructed building and imposed a provision bill of Rs.17137/- U/S 126 of KSEB Act and 7th document shows that final bill was issued dtd.21/1/2022 and it was affixed on the meter. Hon’ble Supreme Court held that Consumer Forum cannot derive power to adjudicate a dispute in relation to assessment made under Sec.126 or offence under Sec.135 to 140 of the Electricity Act, as the acts of indulging in “unauthorized use of Electricity” as defined under Sec.126 or committing offence under sec.135 to 140 do not fall within the meaning of “complaint” as defined under Sec.2(1) (c ) of the Consumer Protection Act 1986.
From the aforesaid facts and considering the findings of Hon’ble Apex Court, this complaint against disconnection of electricity connection due to the non-payment of assessed amount, is not maintainable. Hence the maintainability petition is allowed. Complaint is dismissed.
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
