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.538/2009

Smt. Shanti Yadav

H.No.A-61,Ph-1,Block-C,

Qutub Vihar,Goela Dairy,

Najafgarh, New Delhi.                                                                   ………. Complainant                                                                                        

                        Vs.

The C.E.O,

BSES Rajdhani Power Ltd.

BSES Bhawan,Nehru Place,

New Delhi-19.                                                                                  …………..Respondent

Date of Order: 26.08.2016

O R D E R

Ritu Garodia- Member

             The factual matrix of the complaint is that the complainant was using the electricity connection since 1998.  It is stated that the electricity meter was faulty and same was replaced on 22.10.08.  It is alleged that the meter readings were erratic, the shown consumption varied from 1966 unit in one month to 79 unit in another.  The complainant also received two bills from March 2008 though only one bill is annexed as A12.  The complainant sent the aforementioned meter to BRPL laboratory for testing. The said report is annexed with noting “meter found faulty”.  The complainant has also annexed the complaint dated 15.06.2006 regarding the defective meter.  The complainant made payment of Rs.15,000/- in January 2009 and Rs.52,000/- in July 2009.  However, the complainant’s electricity supply was disconnected and the meter removed on 14.07.2009 without any notice.  The opposite party failed to restore the connection on the grounds of pending misuse bill, through the complainant has not annexed any misuse bill.  The complainant prays for restoration of electricity supply,

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withdrawal of the misuse bill, reassessment of the bill for the period of defective meter and compensation.

OP in its reply took the plea that OP conducted and inspection in the complainant premises on 01.01.02008.  It was found that the electricity supply was being used for running, general store and atta chakki which falls within non domestic category.  The complainant was booked under 126 of electricity Act, 2003 for unauthorised use of electricity the inspection report is annexed.  A show cause notice was issued to deposit a sum of Rs.41,251/-.

In his rejoinder complainant has denied receiving any show cause notice for provisional assessment U/S 126 of Electricity Act.  The complainant has also admitted to using the small grinder type machine for his family use.

We have carefully perused the pleadings and documents annexed by the parties.  The site inspection report dated 01.01.2008 clearly states that a general store and atta chakki was being run on the premises.  A show cause notice dated 1.1.2008 was issued for hearing on 14.02.2008.  The speaking order by enforcement cell dated 14.02.2008 states that the connection sanctioned under domestic category was being used for non-domestic purpose i.e. General store, Atta Chakki.  Therefore a penal rate was imposed U/S 126 of Electricity Act. Photographs showing Atta Chakki and General store are annexed with the complaint.

We have also gone through judgment of 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

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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”

Hence, in the light of above discussion the complaint is dismissed with no order to cost.  File be Consigned to record room.

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

MEMBER                                          MEMBER                                          PRESIDENT