Order-6.

Date-19/05/2015.

Both parties are present.  Petition is filed by the complainant against petition filed by the op challenging the maintainability of the case.  Today is fixed for hearing the objection of maintainability petition.  Heard the matter.

          After hearing the Ld. Lawyers and both the parties and also considering the complaint, it is found that on 27.08.2012 employees of the CESC of Loss Control Cell went to the premises of the complainant and disconnected the meter being No. 0825573 having Consumer No. 32054158009 and in fact the said connection was in the name of Smt. Kalpana Dey who already died on 13.06.2012 and complainant being the husband of Kalpana Dey with the beneficiaries of the meter and truth is that the said meter was not changed in the name of the complainant till now and it is admitted by the complainant that on 28.08.2012 op informed that by tampering the meter, the consumption had been made by the complainant and his family members.

          But complainant’s son reported the matter to Police Station in writing on 14.09.2012 and subsequently on 05.10.2013 and on 25.10.2013 and it is undisputed fact that for tampering the meter, penalty was imposed by the Chief Electrical Inspector and complainant has been paying that penalty part by part.

          Fact remains that in the complaint, complainant has prayed for directing the op to refund Rs. 70,995/- of the amount has been paid by the complainant against penalty as imposed by the op and also prayed for giving electrical line.

          But considering the complaint, it is clear that penalty was imposed for tampering the meter or consuming the electric energy by-passing the meter etc. whatever it may be it is admitted fact that complainant has been paying penalty as against tampering the meter and for consumption of electric.

          So in view of the above premises, no doubt as per recent judgement of the Hon’ble Supreme Court in connection with Civil Appeal No. 5466/2012 passed on 07.01.2013 is applicable and fact remains that it is a case of fall of energy and as per provision of Section 126 read with 135, 140 of the Electricity Act 2003, this complaint is not maintainable.  Accordingly the petition filed by the op is considered and allowed.

          Hence, it is

                                                              ORDERED

          That the present complaint be and the same is not maintainable in the eye of law in view of the above findings and for which this complaint is dismissed on contest but without any cost.

          However, op is directed to take up the matter and to give connection if it is found that complainant has already deposited the penalty amount and in that case a fresh meter shall be supplied as per provision of law and after taking such charges etc.