RESERVED
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1393 OF 2023
(Against the order dated 05-07-2023 in Complaint Case No.27/2019 of the District Consumer Commission, Sultanpur)
Ram Kumar Upadhyay
S/o Late Ram Sumer Upadhyay
R/o Village Amremau
Post Narayanpur
Police Station Karaundi
District Sultanpur
...Appellant
Vs.
- Executive Engineer
Vidyut Vitran Khand
Kadipur, Sultanpur
- Sub Divisional Officer
Shivram Gupta (J.E.)
Power House, Narayanpur
Kadipur, Sultanpur
...Respondents
BEFORE:
HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT
For the Appellant : Sri Shivanand Pande Advocate.
For the Respondent :
Dated : 30-08-2023
JUDGMENT
PER MR. JUSTICE ASHOK KUMAR, PRESIDENT
The instant appeal has been filed under Section 41 of the Consumer Protection Act 2019 against the judgment and order of the District Consumer Commission, Sultanpur dated 05-07-2023 passed in Complaint Case No. 27/2019 by which the complaint has been dismissed.
Sri Shivanand Pande, learned Counsel for the appellant appeared.
The submission of the learned Counsel for the appellant is that
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the learned District Consumer Commission has dismissed the complaint in most illegal manner without considering the matter in correct perspective.
I have perused the impugned judgment and order passed by the learned District Consumer Commission.
The learned District Consumer Commission has recorded a categorical finding in its judgment that the vigilance officer of the opposite party has inspected the premises of the complainant on 27-11-2018 and found that the complainant was using electricity illegally. The opposite party has lodged F.I.R. against the complainant and charge-sheet has been filed before the Court of E. C. Act. Sultanpur. The complainant was asked to deposit Saman Shulka with the opposite party but the complainant refused to deposit the Saman Shulka. The District Consumer Commission has also recorded in its finding that it has no jurisdiction to entertain the complaint with regard to the electricity theft and the assessment of electricity. The District Consumer Commission has also recorded finding in its judgment that the complainant was using electricity illegally and he has no valid electricity connection, therefore, the complainant does not under the category of consumer.
I have heard learned Counsel for the appellant at the time of admission of this appeal and have also gone through the judgment and order passed by the learned District Consumer Commission and the findings recorded by the District Consumer Commission in its order and I do not find any substance in this appeal for admission since the matter in dispute in between the parties, pertaining to assessment under Section-126 of the Electricity Act and theft of electricity under Section 135 to 140 and 153, is not cognizable by the Consumer Fora as is held by the Hon’ble Supreme Court in the case of U.P. Power Corporation Limited and others V/s Anees Ahmad in Civil Appeal No. 5466/2012 (arising out of SLP No. 35906 of 2011 on 01-07-2013) and the impugned order passed by the learned District Consumer Commission
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in the light of the aforesaid findings does not have any irregularity or illegality to assail the impugned order. Hence, this appeal is liable to be dismissed accordingly.
ORDER
The appeal is dismissed. The judgment and order of the District Consumer Commission is confirmed.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
( JUSTICE ASHOK KUMAR )
PRESIDENT
Pnt.
