Delhi

West Delhi

CC/16/136

Omkar dutt Sharma - Complainant(s)

Versus

Corporate Legal & Inforcement Cell - Opp.Party(s)

31 Aug 2017

ORDER

  CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                            GOVERNMENT OF NCT OF DELHI

  150-151 Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                                 Date of institution: 18.02.2016

Complaint Case. No.136/16                                                    Date of order: 31.08.2016

IN  MATTER OF

OmkarDutt Sharma, B-153-B, Sainik Nagar Extn.Uttam Nagar, New Delhi-110059                                                                                                                          Complainant

VERSUS

Corporate Legal &InforcemnetCell BSES, Hari Nagar, 66 KV Grid, S/Stn., Opp. DeenDayalUpadhayaya Hospital, New Delhi-110064                                                                                                                                                                                             Opposite party

 

                                                                                                           

ORDER

R.S. BAGRI,PRESIDENT

ShriOmkarDutt Sharma named above herein the complainant has filed the present complaint against Corporate Legal and inforcement cell BSES herein after in short referred as the opposite party with averments that the complainant is an electricity Consumer of the opposite party. The officials of the opposite party inspected the electricity connection of the complainant and made a case of theft of electricity U/S-135 of the electricity Act herein after referred as the Act and imposed penalty of Rs.48,925.62/-. The opposite party sent anotice U/S 56(1) of the Act dated 06.02.2016 to the complainant asking him to deposit the penalty in default a criminal case will be registered against him. Hence the present complaint for directions to the opposite party to drop the penalty and restrain the opposite party from disconnecting electricity supply to the electricity connection of the complainant.

Notice of the complaint was sent to the opposite party. Butdespite service the opposite party did not appear. Therefore, the opposite party was proceeded against ex-parte vide order dated 22.11.2016.

When ShriOmkarDutt Sharma complainant was asked to lead ex-parte evidence he tendered in evidence his affidavit narrating facts of the complaint. He also relied upon inforcement inspection report dated 19.11.2015, Notice dated 21.12.2015, order dated 06.01.2016, Bill of theft of electricity dated 29.01.2016, Notice U/S-56(1) of the Act dated 01.02.2016 and electricity bills of the complainant dated 15.07.2014,19.08.2014, 18.08.2015, 18.09.2015, 17.11.2015 and 18.01.2016.

We have heard the complainant in person and have gone through the material on record carefully and thoroughly.

Before proceeding further it is worthwhile to reproduce provisions of section 135 of the Act. Which runs as under:-

Section 135 of the Electricity Act-

Theft of Electricity-

(1)         Whoever,dishonestly, (a)            taps, makes or causes to be made any connection with overhead,

underground or under water lines or cable, or service wires, or service facilities of a licensee; or

(b)         tampers a meter, installs or uses a tampered meter, current reversing transformer, loop connection or any other device or method which interferes with accurate or proper registration, calibration or metering of electric current or otherwise results in a manner whereby electricity is stolen or wasted; or

(c)       damages or destroys an electric meter, apparatus, equipment, or wire or causes or allows any of them to be so damaged or destroyed as to interfere with the proper or accurate metering of electricity, so as to abstract of consume or use electricity shall be punishable with imprisonment for a term which may extend to three years or with fine or with both

Providedthat in a case where the load abstracted, consumed, or used or attempted abstraction or attempted consumption or attempted use:-

(i)      does not exceed 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction the fine imposed shall not be less than six times the financial gain on account of such theft of electricity;

(ii)     exceeds 10 kilowatt, the fine imposed on first conviction shall not be less than three times the financial gain on account of such theft of electricity and in the event of second or subsequent conviction, the sentence shall be imprisonment for a term not less than six months but which may extend to five years and with fine not less than six times the financial gain on account of such theft of electricity.

          Provided further that if it is proved that any artificial means or means not authorized by the Board or licensee exist for the abstraction, consumption or use of electricity by the consumer, it shall be presumed, until the contrary is proved, that any abstraction, consumption or use of electricity has been dishonestly caused by such consumer.

(2)       Any officer authorized in this behalf by the State Government may –

(a)       enter, inspect, break open and search any place or premises in which he has reason to believe that electricity 5[has been or is being], used unauthorisedly;

(b)       search, seize and remove all such devices, instruments, wires and any other facilitator or article which [has been or is being], used for unauthorized use of electricity;

(c)       examine or seize any books of account or documents which in his opinion shall be useful for or relevant to, any proceedings in respect of the offence under sub-section(1) and allow the person from whose custody such books or account or documents are seized to make copies thereof or take extracts there from in his presence.

(3)       The occupant of the placeof search or any person on his behalf shall remain present during the search and a list of all things seized in the course of such search shall be prepared and delivered to such occupant or person who shall sign the list:

            Providedthat no inspection, search and seizure of any domestic places or domestic premises shall be carried out between sunset and sunrise except in the presence of an adult male member occupying such premises.

(4)       The provisions of the Code of Criminal Procedure, 1973, (2 of 1974) relating to search and seizure shall apply, as far as may be, to searches and seizure under this Act.

It is also worthwhile to reproduce section 153 of the Act. Which reads as under:-

Section 153 of the Electricity Act-

Constitution of Special Courts:-

(1)       The State Government may, for the purposes of providing speedy trial of offences referred to in sections 135 to 139, by notification in the OfficialGazette, constitute as many Special Courts as may be necessary for such area or areas, as may be specified in the notification.

(2)       A Special Court shall consist of a single Judge who shall be appointed by the State Government with the concurrence of the High Court.

(3)       A person shall not be qualified for appointment as a Judge of a Special Court unless he was, immediately before such appointment, an Additional District and Sessions Judge.

(4)       Where the office of the Judge of a Special Court is vacant, or such Judge is absent from the ordinary place of sitting of such Special Court, or he is incapacitated by illness or otherwise for the performance of his duties, any urgent business in the Special Court shall be disposed of

            (a)       by a Judge, if any, exercising jurisdiction in the Special Court;

(b)      where there is no such other Judge available, in accordance with the direction of District and Sessions Judge having jurisdiction over the ordinary place of sitting of Special Court, as notified under sub-section(1).

From pleadings of the complainant, documents relied upon by him and affidavit of the complainant it is evident that the complainant was found committing theft of electricity. Therefore, as provided U/S 153 of the Act only special court constituted under the Act has power to entertain and try the complaint. This forum has no power to entertain and try the complaint.

Therefore, the complaint fails and is hereby dismissed.    

Order pronounced on : 31.08.2016

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be  consigned to record.

 

(PUNEET LAMBA)                                                                          (R.S.  BAGRI)                              MEMBER                                                                                           PRESIDENT