Heard learned counsel for the appellant.None appears for the respondent.

2.      This appeal is filed u/s 41 of the Consumer Protection Act, 2019 (hereinafter called the ‘Act’ in short). Parties hereinafter were arrayed as the complainants and OPs as per their nomenclature before the learned District Forum.

3.      The case of the complainant in nutshell is that the complainant is a regular consumer under the OP having connected load of 1 KW. It is alleged inter alia that the complainant got a bill of Rs.2,241/- being his connected load enhanced to 3 KW. Complainant after receiving that bill approached the OP for correction of the bill but the OP did not listen to his request. So the complaint was filed.

4.      OP filed written version stating that the complaint was not maintainable. On 11.9.2018 the OP have verified the meter and found that the meter has been tampered and 3 KW power was being used by the complainant against connected load of 1 KW. Thereafter, provisional assessment order was passed for Rs.45,272/- u/s 126 (1) of the Electricity Act, 2003. The notice to show cause was issued but the complainant did not file any objection and on  11.10.2018 the final  bill was passed to pay Rs.45,272/- to the OP by the complainant. There is no deficiency in service on their part. Therefore, they prayed to dismiss the complaint.

5.      After hearing both the parties, the learned District Forum passed the following order:-

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The complaint petition is allowed on contest against the opp.party with cost. The opp.party is directed to revise the energy bills of the complainant from October, 2018 till August, 2019 on the basis of average of three months reading recorded by the new meter installed in the premises of the complainant and the OP is further directed to reduce the connected load from 3 KW to 1 KW. The OP is burdened with cost and compensation of Rs.5,000/- (Rupees five thousand) only. The order is to be complied within 30 days from the date of receipt of the order.”

6.      Learned counsel for the appellant submitted that the learned District Forum has committed error in law by not applying the judicial mind to the facts of the case. According to him the complainant hastampered the meter for by-passing the power supply and to consume 3 KW electricity against connected load of 1 KW. On 11.9.2018, the Authorities inspected the premises of the complainant and found unauthorized use of electricity. Accordingly, the action was taken u/s 126 of the Electrify Act, 2003. It is submitted that the learned District Forum ought to have considered the written version with proper perspectives. He cited the decision of Hon’ble Supreme Court of India in U.P.PowerCorporation Ltd. and others vrs. Anis Ahmad AIR 2013 Supreme Court 2766. So, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for the appellants and perused the impugned order including the DFR.

8.      It is admitted fact that the complainant was using 1 KW load of power. It is also not in dispute that there was penal bill issued to the complainant. We have gone through the DFR and found that on 11.9.2018, there was verification of the meter by the OP – Officer and found that the meter has been tampered and 3 KW power supply has been used by the complainant against the connected load of 1 KW. That was conducted in presence of the complainant. Thereafter, provisional assessment order was passed imposing penal bill of Rs.45,272/-on the complainant. After necessary opportunity given to the complainant, the final bill was also issued to the complainant. It appears that the appellant has taken action u/s 126 of the Electricity Act, 2003 against the complainant. It is reported in U.P.Power Corporation Ltd. and others (Supra) thatconsumer complaint is not maintainable where there is theft of energy or unauthorized use of energy or tampering of meter or by-passing of energy. The authority concerned under the Electricity Act and the Regulation made thereunder is competent to decide the matter but not in the Consumer Forum. It is a clear prima facie case u/s 126 of the Electricity Act as submitted by the learned counsel for the appellant. We are of the view that the complaint is not maintainable before the learned District Forum. Therefore, the impugned order is set aside and the appeal stands allowed. No cost.

          DFR be sent back forthwith.

          Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.