Heard learned counsel for the appellant. None appears for the respondent.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in nutshell is that the complainant is a consumer under the OP and there was agreement between the parties to supply electric energy to the Poultry Firm on 13.4.2010. Accordingly, complainant deposited Rs.1,308/- towards service connection and Rs.564/- for supervision charges. On 22.10.2013, the Vigilance Officer of WESCO inspected the electrical appliances of Poultry Firm and found the complainant has availed excess contract load of electricity  for which demanded dues of Rs.83,501/- along with issuance of a provisional assessment order under section 126(1) and 126(2) of Indian Electricity Act, 2003 to deposit the said amount within seven days. Complainant challenging the said provisional assessment by stating that the issuance of this provisional bill was arbitrary and he was not given opportunity to challenge the said notice before finalization of the provisional bill.

4.      OP filed written version stating that the allegations in the complaint are false. There is only mistake in the billing  which has to be corrected in accordance with the provisions of Electricity Act, 2003. Therefore, they denied that there was any deficiency in service on their part.

 5.     After hearing learned counsel for both parties, learned District Forum passed the following order:-

                             “xxx    xxx      xxx

            The Hon’ble Forum has presumed tht the complainant has no outstanding dues of OP Rs.83,501/- which is a faulty provisional assessment order as per the agreement. The OP is directed to wave out (cancel) the provisional assessment order and outstanding dues of Rs.83,501/- (Rupees eight thousand five hundred one) only form the complainant and reassessed after the expiry of five year of agreement. The complainant has not violated the rule and regulation of Indian Electricity Act, 2003 u/s 126(1), 126(2) nor any theft of energy u/s 135 to 140 of the Act the OP has not appeared before the forum at the time of hearing and argument for clarifying the statement of the petitioner.

Hence, this case is disposed of in favour of complainant accordingly the OP has directed to pay Rs.2,000/- (two thousand) only amount cost of litigation and supply energy without interruption to the complainant.”

6.      Learned counsel for the appellant submitted that the learned District Forum has failed to understand the fact and law involved in this case. According to him when there is provisional assessment u/s 126 of the Electricity Act, the Consumer Forum has no jurisdiction to entertain the complaint. He further submitted that action u/s 126  of the Electricity Act, 2003 has been rightly applied by the OP and the complainant ought to have made appeal before the higher authorities but not before the Consumer Forum. So, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for  the appellant and perused the DFR including the impugned order.

8.      It is revealed from the record that that there was agreement between the parties to give power supply to the Poultry Firm and in fact the power supply was given. However, the inspection report dated 22.10.2013  shows that the meter box hinges are broken. For that the OP have started the case u/s 126 of the Indian Electricity Act, 2003 and accordingly, notice was issued with the provisional assessment order. When there is provisional assessment order issued by the OP, it is for the complainant to comply the same. It is relevant to note that there is decision of Hon’ble Supreme Court of India in the case of  U.P.Power Corporation and others vrs. Anis Ahmad reported in  AIR 2013 Supreme Court 2766 where Their Lordships held that  any type of for unauthorized use of electricity or  breaking  of the seal of the meter, the proceeding u/s 126 of the Electricity Act started thereby, the consumer complaint is not maintainable. Therefore, we are of the view that the learned District Forum has not gone through all these materials and passed the impugned order. Hence, the impugned order is liable to be set aside and it is set aside.

Appeal stands allowed. No cost.

          The statutory amount deposited be refunded to the appellants with interest accrued thereon, if any on proper identification.

           DFR be sent back forthwith.

           Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.