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.69/2009
SMT. SUNITA YADAV
PLOT NO.26, KH. NO.430/2,
NATHU RAM PARK, TEHSIL ROAD,
NAJAFGARH, NEW DELHI-43
…………. COMPLAINANT
Vs.
M/S BSES – RAJDHANI POWER LTD.,
B.S.E.S. BHAWAN, NEHRU PLACE,
NEW DELHI-110019
…………..RESPONDENT
Date of Order: 03.08.2016
O R D E R
A.S. Yadav, President
The case of the complainant is that on 16.06.2008 a very high voltage of electricity was supplied by OP in the locality of complainant hence number of electric appliances in the house of complainant were burnt. The complainant made a complaint to OP on the same day and thereafter OP changed the electricity meter bearing No.23857178 on 08.09.2008 with a new meter bearing NO.12820128.
It is further stated that on 17.11.2008 an illegal inspection was carried out by a team of persons associated with the OP and a false case of suspected theft (meter tampering) was made out by the OP by saying that a meter bearing No.23857178 was found tampered. The OP raised a false demand of Rs.38,188/- dated 24.12.2008 on the basis of so called inspection dated 17.11.2008 without any notice or personal hearing. The said inspection was not carried out by authorized officer. It is stated that the meter was not tampered and consumption of new and old meter is almost the same. It is prayed that the demand of Rs.38188/- dated 17.11.08 by the OP for so called inspection be quashed and OP be directed to pay a sum of Rs.50,000/- as compensation.
OP in reply took the plea that the complaint is not maintainable. It is stated that the meter No.23857178 installed in the premises of complainant was replaced by a new meter No.12820128. The sealed old meter was sent to the Meter Testing Lab under intimation vide letter dated 08.09.2008 to the consumer that he may witness testing of the meter in the Lab on 22.09.2008. As per the Meter Test Report dated 22.10.2008, the meter was found tampered.
It is further stated that in reference to meter testing report dated 22.10.08, the premises of the complainant were inspected by the authorized Enforcement Inspection Team on 17.11.2008. A load of 9.525 KW(DX) being used by the complainant for domestic purpose was found connected against sanctioned load of 2 KW (DX). The material evidence i.e. tampered Single Phase Electronic meter was removed and sealed vide seizure memo dated 17.11.2008 as per Electricity Act, 2003.
It is further stated that the meter was found tampered hence a bill was raised. It is stated that since it is a case of tampering of meter and this Forum has no jurisdiction to entertain the complaint.
In view of Section 145 of Electricity Act, 2003 this Forum has no jurisdiction to entertain the present complaint as the bill has been raised by the Assessing Officer as per provision of Section 126 of the Electricity Act, 2003. It is prayed that the complaint be dismissed.
We have heard Ld. Counsel for the parties and carefully perused the record.
OP has proved on record that the meter was tampered and an inspection was carried out and the Assessing Officer has looked into the matter.
It is settled law that in case of tampering of electricity, 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.
In view of the law laid down by the Hon’ble Supreme Court, complainant is not a consumer. Hence 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
