Both parties are present. Objection is field by the complainant. Copy filed and served.
Heard. Ld.adv of both the parties regarding the petition filed by the op challenging the jurisdiction of this Forum on the ground that complainant has challenged the assessment of electric bill u/s 126 of the electricity Act 2003 (Amended up to date) and as per decision of Hon’ble Apex court passed in Civil Appeal No. 5466 of 2012 and other (U.P power Corporation Ltd. and others vs ANIS AHMAD reported in vol-III (2013))CPJ-1 (SC) that Consumer Forum has no jurisdiction to entertain any dispute in between consumer and electricity company in respect of provision of Sec-126 and 135 to 140 of the Electricity Act 2003.
No doubt this is the settled position for which all other existing judgement in respect above sections of the Electricity Act 2003 is not at all liable and applicable.
From the complaint it is found that for tampering the meter box and for consuming electricity in the disputed premises by the consumer such a step was taken by the op but complainants plea is that every thing was done back behind their knowledge but falsely ops staff posted such order.
However considering the entire materials and the documents as filed by the parties it is proved that through said order was pasted by the op on the meter as a case of energy theft even then op sent letter to the complainant to show cause but complainant appeared in that hearing but a proper consideration by the op Authorized officer assessed RS. 129310/- for tampering .
The meter and it is case energy theft and final order was passed on 27/09/2012 . So it is proved that it is a case of theft of energy and assessment was made u/s 126 of the Electricity Act 2003.
Considering above fact and materials it is proved beyond any manner of doubt the present dispute as alleged by the complainant fall under the category of theft so Sec 126 and 135 to 140 of the Act 2003 are attracted in this case and for which as per verdict of Hon’ble Apex Court this Forum has no jurisdiction to entertain such dispute when complainant is not a consumer and for which the present complainant is not maintainable and this the petition of the op as filed challenging the maintainability of the case succeeds.
Hence, ordered that the complaint be and same is dismissed on contest on the ground that the present Forum has no jurisdiction to decide such dispute of energy theft and assessment final bill u/s 126 of the Electricity Act.
When complainant has tried to get an illegal relief and when purpose of filing of the complainant to avoid penalty amount to the op and to harass the op complainant is imposed a penal cost of Rs. 5000/- to this Forum within 15 days failing execution proceeding shall be started for its realisation.
