CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.296/09

Shri R.K Tomar,

137/B-I, Gautam Nagar,

Gulmohar Park Road,

New Delhi-110049.                                                       ………. Complainant                                                                                        

                        Vs.

BSES Rajdhani Power Ltd.,

BSES Bhawan, Nehru Place,

New Delhi.                                                                      …………..Respondent

                                                                                    Date of Order: 11.07.2016

O R D E R

Ritu Garodia-Member

            The short facts of the complaint are that the electricity supply of the complainant was disconnected on 16.12.06 and was reconnected on 9.9.08.  He therefore alleges deficiency in service on part of OP company and prays for compensation.

            OP in its written version has stated that the complainant has not paid the electricity bill dated 6.10.04 and thereafter the electricity supply was disconnected in 2006.  However, as per order of this Forum dated 8.09.08, in an earlier case the electricity connection was resumed on 9.09.2008.  OP has also annexed the copy of the earlier complaint filed in this Forum.  OP has placed internal reports having that the electricity meter was removed on 16.12.06 for non payment of dues.  OP has also filed an evidence by way of affidavit showing that meter tampering has been discovered after inspection on 21.04.2004.  Subsequently, bills were issued and meter disconnected for non payment of bills.

            We have given thoughtful consideration to the arguments, pleading and documents placed by both the parties.  OP has stated that meter tampering has been

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found on inspection of the premises on 21.04.2004 and accordingly the bills were raised.  Thereafter the meter was disconnected due to non payment of dues.

            We have also gone through judgment of Hon’ble Supreme Court in “UP Power Corporation limited and Anr. versus Anis Ahmed” (2013) 8SCC491. The apex court has held that any unauthorised use of electricity after inspection is covered by section 126 of Electricity Act, 2003.  Penalties are prescribed in the same Act.  It has been further held that “the acts of persons indulging in unauthorised use of electricity do not fall with the meaning of complaint and therefore not maintainable under Consumer Protection Act”. 

            Even otherwise there was no deficiency in service on the part of OP as electricity meter was tempered by the complainant and accordingly bill was raised and that bill was not paid.  Complaint dismissed.

Copy to order be supplied sent to the parties, free of cost, and thereafter file be consigned to record room.

(D.R TAMTA)                                   (RITU GARODIA)                            (A.S YADAV)

MEMBER                                          MEMBER                                          PRESIDENT