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.439/2008

SH. SATISH CHAND

S/O LATE SH. BHOOP SINH

H.NO.82A, BLOCK-21, DDA FLATS,

SARAI KALE KHAN, NEW DELHI

…………. COMPLAINANT                                                                                           

VS.

M/S BSES RAJDHANI POWER LIMITED

BSES BHAWAN, NEHRU PLACE, NEW DELHI

………….. RESPONDENT

Date of Order:26.09.2016

O R D E R

A.S. Yadav – President

The case of complainant is that on 30.07.07, his meter was burnt and he went to the office of OP and lodged the report.  One lineman Sh. Kanta Prasad of OP visited the house of complainant and reported that the meter has been burnt.  Since daughter of complainant is handicapped and suffering from tuberculosis and on his request, the lineman made direct connection and told that the meter will be installed in 2-3 days.  Thereafter the officials of the Enforcement Department visited the house of complainant and booked the complainant in case of electricity theft and raised a bill of Rs.14,928/-.  Complainant met officials of OP who asked him to give everything in writing and he submitted an application of protest to the OP on 24.08.07. Thereafter complainant met official of OP for settlement of the electricity bill.  Finally it was settled for Rs.12000/- which as paid by the complainant.  Again complainant received a bill amounting to Rs.16,500/- and again it was settled for Rs.9,910/-.  The officials of OP also agreed to adjust the amount paid by complainant in future bills but the same was not done and when complainant met officials of OP, he was told that only an amount of Rs.2000/- shall be adjusted.  Accordingly this complaint has been filed.

OP in the reply took the plea that this Forum has no jurisdiction to entertain the complaint as it is a case of theft of electricity.

We have heard complainant and Ld. Counsel for OP.

There is nothing on the record to suggest that direct electricity connection was made by the lineman of OP.  Nevertheless complainant met the officials of OP and the bill was reduced.  Even in the letter dated 14.3.08, the officials have mentioned that it is a case of theft and directed for adjustment of the amount given by the complainant and had agreed to adjust Rs.2000/-. 

It is settled law that this in case of theft of, this Forum has no jurisdiction to entertain the present complaint in view of the law laid down by the Hon’ble Supreme Court in case of U.P. Power Corporation Ltd. & Ors. Vs Anis Ahmed, 111(2013) CPJ 1(SC) where it was held by the Hon’ble Supreme Court that person who is found indulging in theft of electricity is not a consumer within the meaning of Consumer Protection Act. 

Keeping in view the above facts, the complaint is dismissed.

Copy of order be 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