The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Chief Executive Officer, NESCO, Januganj, Balasore, O.P No.2 is the Superintending Engineer, Electrical Circle, Sovarampur, Balasore, O.P No.3 is the Executive Engineer, Basta Electrical Division, Basta, Balasore, O.P No.4 is the Sub-Divisional Officer, Electrical Sub-Division, Jamsuli, Balasore and O.P No.5 is the Junior Engineer, Electrical Section, Baliapal, Balasore.

                    2. Shorn of unnecessary details, briefly stated, the case of the Petitioner is that the Complainant is a Consumer to the O.Ps vide his Consumer No.JBD-1759 (Old) corresponding to New A/c No.322203120259. The Complainant was paying electricity charges regularly as per the demand by the O.Ps till February, 2014. But for the month of March, 2014, the O.Ps supplied the bill with an addition of Rs.20,808/- (Rupees Twenty Thousand Eight hundred eight) only, thus total bill amount for the month of March, 2014 is Rs.20,926/- (Rupees Twenty Thousand nine hundred twenty six) only. Thereafter, the Complainant approached the O.Ps for deletion of inflated amount of Rs.20,808/- (Rupees Twenty Thousand Eight hundred eight) only levied by them time and again, but the O.Ps finally refused to delete the said sum on 25.08.2014. Inclusion of such amount of Rs.20,808/- (Rupees Twenty Thousand Eight hundred eight) only by the O.Ps in the electric bill of the Complainant during the month of March, 2014 bill is quite baseless, arbitrary, whimsical and unsustainable in the eye of Law and fact as well. The O.Ps have also not given any notice to this effect. The prayer of the Complainant is for deletion of inflated bill relating to the month of March, 2014 along with compensation towards both physical and mental suffering sustained by him.

                    3. Though sufficient opportunities are given to the O.Ps No.1 and 2, but neither they appeared nor filed their written version in this case. So, both the O.Ps are set ex-parte.

                    4. Written version filed by the O.Ps No.3 to 5 through their Advocate, where they have denied on the point of maintainability as well as its cause of action. They have submitted that on 17.02.2014, a spot verification was conducted in presence of the Consumer, where the Consumer was availing power supply in unauthorized manner with a defective meter having C.D 1 K.W, but the actual load is 1.5 K.W. Verification was conducted by S.D.O ( Electrical), Jamsuli, J.E and field staff (Annexure-A). Provisional assessment U/s.126 (2) of Electricity Act, 2003 has been prepared for unauthorized consumption of 1.5 K.W instead of 1 K.W for an amount of Rs.20,808/- (Rupees Twenty Thousand Eight hundred eight) only and served to the Consumer vide letter No.437, dt.22.02.2014 and informed to file objection, if any against this Provisional assessment before the O.Ps. But the Complainant neither filed any objection nor attended the hearing scheduled to be held on 10.03.2014. As final assessment U/s.126 (3) was prepared and served to the Complainant for an amount of Rs. 20,808/- (Rupees Twenty Thousand Eight hundred eight) only vide T.O Letter No. 572, dt.24.03.2014 and asked to clear up the penal bill within 30 days from the issue of this letter. But, the Complainant has filed a case before this Forum, without paying the said sum to the O.Ps (Annexure-B & C). Moreover, the Complainant has neither appealed before the Appellate Authority nor has approached to the competent Authority to settle the matter.

                    5. In view of the above averments of both the Parties, the points for determinations of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law ?

(ii) Whether there is any cause of action to file this case ?

(iii) To what relief the Complainant is entitled for ?   

                    6. In order to substantiate their pleas, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that all of sudden, excess bill of Rs.20,808/- (Rupees Twenty Thousand eight hundred eight) only has been given to him by the O.Ps for payment, which is arbitrary in nature. In spite of several request made by the Complainant, the O.Ps did not settle the matter nor waive out such illegal bill, which amounts to deficiency of service on the part of the O.Ps, for which the Complainant has filed this case praying for waiving out the illegal bill amount of Rs.20,808/- (Rupees Twenty Thousand eight hundred eight) only along with compensation. On the other hand, it has been argued on behalf of the O.Ps No.3 to 5 that in view of proceedings U/s.126 of Electricity Act, 2003 for unauthorized use of electricity and accordingly, after spot verification, provisional assessment has been made and after giving scope to the Complainant, final assessment has been prepared. Perused the documents like spot verification report, provisional assessment order and final assessment order, which are available in the case record vide Annexure-A, Annexure-B and Annexure-C respectively. So, this Forum has no jurisdiction to entertain this case and the Complainant has only way to approach the appropriate authority as per U/s.127 of Electricity Act, 2003. It has been further argued by the O.Ps No.3 to 5 that the spot verification report, provisional assessment order and final assessment order has been duly prepared U/s. 171 of Electricity Act, 2003 and accordingly, all the orders and documents were duly served to the Complainant. But, on careful looking of such three documents available in the case record, it does not disclose about the supply of these documents to the Complainant. However, in the Authority reported in Civil Appeal No.5466 of 2012 in the case of U.P Power Corporation Ltd. & Ors. (Vrs.) Anis Ahmad, where in it has been held by the Hon’ble Supreme Court of India that the acts of indulgence in “unauthorized use of Electricity” as defined U/s.126 of Electricity Act, 2003 do not fall within the meaning of “complaint” as defined U/s. 2(1)(c) of the C.P Act, 1986. It has been also held that in case of inconsistency between the Electricity Act, 2003 and the Consumer Protection Act, 1986, the provisions of C.P Act will prevail, but ipso facto it will not vest the Consumer Forum with the power to redress any dispute with regard to the matters which do not come within the meaning of “service” as defined U/s. 2(1)(o) or “complaint” as defined U/s.2 (1)(c) of the C.P Act, 1986. A “complaint” against the assessment made by assessing officer U/s.126 of the Electricity Act, 2003 is not maintainable before a Consumer Forum. The Electricity Act, 2003 and the C.P Act, 1986 runs parallel for giving redressal to any person, who falls within the meaning of "consumer" U/s. 2(1)(d) of the C.P Act, 1986 or the Central Government or the State Government or association of consumers but it is limited to the dispute relating to "unfair trade practice" or a "restrictive trade practice adopted by the service provider"; or “if the consumer suffers from deficiency in service”; or “hazardous service”; or “the service provider has charged a price in excess of the price fixed by or under any law”. But, in this case, there is no question of unfair trade practice found against the O.Ps or no deficiency of service on the part of the O.Ps.          

                    7. So, now on careful consideration of all the materials available in the case record and on the basis of principle laid down by the above Authority as discussed earlier, now this Forum come to the conclusion that this Consumer case is not maintainable in this Forum and there is no cause of action to file this case, for which the Complainant is not entitled for any relief as prayed for and accordingly, this Consumer case is liable to be dismissed. However, the Complainant is at liberty to approach the appropriate authority as per U/s.127 of Electricity Act, 2003 for relief, if desired. Hence, Ordered:-  

                                                     O R D E R

                         The Consumer case is dismissed on contest against O.Ps No.3 to 5 and on ex-parte against O.Ps No.1 and 2, but in the peculiar circumstances without any cost.  

                         Pronounced in the open Forum on this day i.e. the 4th day of September, 2017 given under my Signature & Seal of the Forum.