The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Executive Engineer, BED, NESCO, Balia, Balasore and O.P No.2 is the Assistant Engineer, Electrical Supply S/D-II, Balia, Balasore.
2. The case of the Complainant in brief is that the Complainant is a domestic Consumer under the O.Ps bearing Consumer No.C2-0192 vide Account No.3212030202737 along with meter No.10177034 and paying electric bills regularly to the O.Ps. On 30.12.2013 in the absence of the Complainant, the authorised officials of the O.Ps visited the house of the Complainant and falsely charged her for using unauthorized electricity, thus provisionally assessed the liability of the Complainant U/s.126(II) of the Electricity Act for Rs.1,10,374/- (Rupees One lakh ten thousand three hundred seventy four) only vide provisional order No.2287, dtd.30.12.2013 and disconnected power supply without providing any documents/ bills/ charge sheets/ information to the Complainant. Then the husband of the Complainant approached the O.Ps for reconnection of power supply, but the O.Ps commanded him to deposit 50% of the charged amount of Rs.1,10,374/- (Rupees One lakh ten thousand three hundred seventy four) only, but after so many persuation, the O.Ps agreed to accept an amount of Rs.45,000/- (Rupees Forty five thousand) only and thereby submitted a final assessment order and connected the electric supply of the Complainant. Then the Complainant paid Rs.45,000/- (Rupees Forty five thousand) only on 31.12.2013. The final assessment order was issued to the Complainant vide No.2292, dtd.31.12.2013. Thus, the Complainant sent Advocate notice on 07.02.2014 to the O.Ps about this matter, but the O.Ps did not respond, rather they have demanded the balance amount as per the provisional assessment bill and in case of non-payment, the electric connection will be curtailed, which amounts to deficiency of service on the part of the O.Ps. Cause of action arose on 22.02.2014. The Complainant has prayed for rectification of electric bill along with compensation. Neither the Complainant nor her Advocate was present at the time of hearing of this case.
3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability and jurisdiction. The O.Ps have further submitted that on 30.12.2013, the O.Ps have verified the premises of the Complainant in presence of the husband of the Complainant, where it was detected that the Complainant was availing power supply illegally and unauthorisedly without a proper meter i.e. the service connection is directly connected to load. The connected load was verified and found 6 K.W against the contract demand of 1.5 K.W. Thus, the spot verification report was prepared and it was duly signed by the husband of the Complainant. The power supply was also disconnected and the meter was seized on that day. Thereafter, basing on the spot verification report, provisional assessment order was made U/s.126 of Electricity Act-2003 and accordingly, final assessment order was made for Rs.89,682/- (Rupees Eighty nine thousand six hundred eighty two) only and the same order was duly served to the husband of the Complainant. Thus, the Complainant paid Rs.45,000/- (Rupees Forty five thousand) only and also submitted an undertaking to pay the balance amount in two instalments i.e. Rs.25,000/- (Rupees Twenty five thousand) only on 07.01.2014 and Rs.19,682/- (Rupees Nineteen thousand six hundred eighty two) only on 15.01.2014 respectively. There is provision for appeal after final order made U/s.126 of the Electricity Act-2003 within 30 days of the said order to an appellate authority and the Complainant without availing remedies available U/s.127 of the Electricity Act-2003, has filed this case before this Forum. Moreover, a “complaint” against the assessment made by the assessing Officer U/s.126 or against the offences committed U/s.135 to 140 of the Electricity Act-2003 is not maintainable before a Consumer Forum. So, the case of the Complainant is liable to be dismissed.
4. In view of the above averments of both the Parties, the points for determination of this case are as follows:-
(i) Whether this Consumer case is maintainable as per Law ?
(ii) To what relief the Complainant is entitled for ?
5. In order to substantiate their claim, both Parties have filed certain documents as per list. Perused the documents filed. Neither the Complainant nor her Advocate was present at the time of hearing of this case. So, her pleading is her case. According to her pleading, the O.Ps have falsely charged her for using unauthorized electricity and also provisionally assessed Rs.1,10,374/- (Rupees One lakh ten thousand three hundred seventy four) only vide provisional order No.2287, dtd.30.12.2013 and disconnected power supply without providing any information to the Complainant. Thereafter, the husband of the Complainant approached the O.Ps for reconnection of power supply, but the O.Ps commanded him to deposit 50% of the charged amount of Rs.1,10,374/- (Rupees One lakh ten thousand three hundred seventy four) only, but after so many persuation, the O.Ps agreed to accept an amount of Rs.45,000/- (Rupees Forty five thousand) only and thereby submitted a final assessment order and connected the electric supply of the Complainant. Then the Complainant paid Rs.45,000/- (Rupees Forty five thousand) only on 31.12.2013. The final assessment order was issued to the Complainant vide No.2292, dtd.31.12.2013. Thus, the Complainant sent Advocate notice on 07.02.2014 to the O.Ps about this matter, but the O.Ps did not pay any heed to it. Thus, the Complainant has filed this case praying for rectification of electric bill along with compensation. On the other hand, it has been argued on behalf of the O.Ps that on 30.12.2013, the O.Ps have verified the premises of the Complainant in presence of the husband of the Complainant and detected that the Complainant was availing power supply illegally and unauthorisedly without a proper meter and found the load of 6 K.W against the contract demand of 1.5 K.W. Thus, the spot verification report was prepared and it was duly signed by the husband of the Complainant. Thereafter, observing necessary formalities of Law, provisional assessment U/s. 126 of Electricity Act-2003 was prepared and accordingly, final assessment order was also prepared for Rs.89,682/- (Rupees Eighty nine thousand six hundred eighty two) only and the same order was duly served to the husband of the Complainant. Thus, the Complainant paid Rs.45,000/- (Rupees Forty five thousand) only and also submitted an undertaking to pay the balance amount in two instalments i.e. Rs.25,000/- (Rupees Twenty five thousand) only on 07.01.2014 and Rs.19,682/- (Rupees Nineteen thousand six hundred eighty two) only on 15.01.2014 respectively. But, the Complainant has neither complied the assessment order made by the O.Ps nor appealed before the appellate authority, rather filed this case in this Forum. So, when there is an assessment, this Forum has no jurisdiction to entertain the case and the Complainant is at liberty to approach the appropriate authority. However, in view of the authority reported in III (2013) CLT-55 (SC) in the case of Uttar Pradesh Power Corporation Limited & Ors. (Vrs.) Anis Ahmad, wherein it has been held by the Hon’ble Supreme Court of India that complaint against assessment made U/s.126 or action taken against those committing offences U/s.135 to 140 of Electricity Act, 2003, held, is not maintainable before a Consumer Forum. Civil Court’s jurisdiction to consider a suit with respect to the decision of assessing Officer U/s.126 or with respect to a decision of the appellate authority U/s.127 is barred U/s.145 of Electricity Act, 2003. Therefore, it is clear that after notice of provisional assessment to the person alleged to have indulged in unauthorized use of electricity, the final decision by an assessing officer, who is a public servant, on the assessment of ‘unauthorized use of electricity’ is a quasi-judicial decision and does not fall within the meaning of “consumer dispute” U/s. 2(1) (e) of Consumer Protection Act. Offences referred to in Sections-135 to 140 can be tried only by a Special Court constituted U/s.153 of Electricity Act, 2003, hence, also the complaint against any action taken under Sections-135 to 140 of Electricity Act, 2003 is not maintainable before Consumer Forum. By virtue of Section-3 of Consumer Protection Act, 1986 or Sections-173, 174 and 175 of Electricity Act, 2003, Consumer Forum cannot derive power to adjudicate a dispute in relation to assessment made U/s.126, or offences U/s.135 to 140 of Electricity Act, as the acts of indulging in “unauthorized use of electricity” do not fall within the meaning of “complaint” as defined U/s. 2(1) (c) of Consumer Protection Act, 1986.
6. 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, this Forum come to the conclusion that this Consumer case is not maintainable in this Forum, 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 along with an application for condonation of delay, if desired/ required. Hence, Ordered:-
O R D E R
The Consumer case is dismissed on contest against the O.Ps, but in the peculiar circumstances without cost.
Pronounced in the open Forum on this day i.e. the 2nd day of June, 2018 given under my Signature & Seal of the Forum.
