The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Executive Engineer (Electrical Division), C.E.D, Balia, Balasore, O.P No.2 is the Sub-Divisional Officer, Electrical Division, Nilgiri, Balasore and O.P No.3 is the Junior Engineer, Electrical (NESCO) Section Office, Patara, Balasore.

                    2. The case of the Complainant in brief is that the Complainant is a domestic Consumer bearing Consumer No.BG-71418 (New Computer Account No.3243-1201-1064) under the O.Ps. The Complainant submitted that the electronic meter seal No.088322 burnt on dtd.17.05.2013 due to heavy lighting and thunder and the matter was informed immediately to the O.Ps on the same day. But, the O.Ps did not take any steps about the burnt meter and one lineman connected the electric line to the house of the Complainant directly from the pole to the main switch. Thereafter, as per the instruction of O.P No.3, from the date of May-2013 to 18.02.2018, electric defunct bill/ minimum charge bill was sent to the Complainant and the Complainant had been paying the bill amount regularly and she had also paid the last billing amount of Rs.462/- (Rupees Four Hundred Sixty Two) only on dtd.17.02.2018. The Complainant also approached the O.Ps for the new meter again and again, but they did not take any steps in this regard. On dtd.01.03.2017, the officials of O.Ps without giving any information to the Complainant and without consent of her, had replaced the meter bearing seal No.088322 illegally by stating that was a defunct meter. So, the Complainant intimated the matter to O.P No.2 on dtd.01.03.2017 about such illegal activities of the officials of O.Ps. Thus, being aggrieved by the activities of the Complainant, the O.Ps on dtd.13.06.2017 with malafied intention had imposed Rs.13,498/- (Rupees Thirteen Thousand Four Hundred Ninety Eight) only illegally to harass the Complainant and the O.Ps refused to take monthly amount from the month of March-2018 and threatened the Complainant to cut-off the electric line to the premises of the Complainant and also demanded to pay the arrear dues of Rs.13,498/- (Rupees Thirteen Thousand Four Hundred Ninety Eight) only. So, the Complainant to get relief, had filed a G.R.F.C.C case bearing No.105/2018 before the President, Grievances Redressal Forum (G.R.F), Balasore and without the knowledge of the Complainant, one order has been passed bearing No.101, dtd.28.05.2018 and being aggrieved by this order, the Complainant has filed this case in the Forum against the O.Ps. Cause of action to file this case arose on 17.05.2013, 22.02.2017, 01.03.2017 and on 13.06.2017. The Complainant has prayed for giving direction to the O.Ps to give monthly bills to her and to receive monthly dues from the Complainant and to waive out the illegal imposing amount of Rs.13,498/- (Rupees Thirteen Thousand Four Hundred Ninety Eight) only. 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 denied on the point of maintainability as well as its cause of action. The O.Ps have further submitted that the Complainant is a domestic Consumer bearing Consumer No.BG-71418 under the O.Ps having contract demand of 1 K.W and she is a defaulter Consumer since from the date of supply. The verification squad of the O.Ps have verified the premises of the Complainant on dtd.22.02.2017 in presence of the Complainant, where it was detected that there was no seal in T.P box, the seal in the meter terminal cover and meter body seals were tampered and there was an external wire soldered internally and the meter was made defective by tampering the same. Accordingly, the supply line was disconnected at the spot and the tampered meter was seized and also a spot verification report was prepared. Thereafter, the provisional assessment U/s.126 of Electricity Act, 2003 has been prepared for Rs.13,455/- (Rupees Thirteen Thousand Four Hundred Fifty Five) only for unauthorised use of electricity by the Complainant and the copy was served to the Complainant vide letter No.176, dtd.22.02.2017 with the intimation to file objection if any against the same order within 15 days. But, neither the Complainant nor the authorised person has filed any objection against the provisional order. Thus, final assessment order was prepared for Rs.13,454/- (Rupees Thirteen Thousand Four Hundred Fifty Four) only and the copy was also served to the Complainant vide letter No.534, dtd.30.05.2017. But, the Complainant has neither paid the penal bill nor appealed before the appellate authority, rather filed this case in this Forum. Hence, the case of the Complainant is liable to be dismissed with cost.

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

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

                    5. In order to substantiate their claim, both the 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 remains as it is. In her pleading, she has taken the plea that the O.Ps on dtd.01.03.2017 without giving any information to her and without consent of her, have replaced the meter illegally by stating that was a defunct meter. So, the Complainant intimated the matter to O.P No.2 on dtd.01.03.2017 about such illegal activities of the officials of O.Ps. Thereafter, the O.Ps have illegally and intentionally imposed Rs.13,498/- (Rupees Thirteen Thousand Four Hundred Ninety Eight) only on dtd.13.06.2017 upon the Complainant and they have also refused to take monthly amount from the month of March-2018. The O.Ps have also threatened the Complainant to cut-off the electric line to the premises of the Complainant by demanding to pay the arrear dues of Rs.13,498/- (Rupees Thirteen Thousand Four Hundred Ninety Eight) only. So, the Complainant has filed a G.R.F.C.C case bearing No.105/2018 before the President, Grievances Redressal Forum (G.R.F), Balasore against such illegal demand and without her knowledge, one order has been passed bearing No.101, dtd.28.05.2018 by the G.R.F, Balasore. Thus, the Complainant has filed this case in the Forum praying for giving direction to the O.Ps to give monthly bills to her and to receive monthly dues from the Complainant and to waive out the illegal imposing amount of Rs.13,498/- (Rupees Thirteen Thousand Four Hundred Ninety Eight) only. On the other hand, it has been argued on behalf of the O.Ps that the verification squad of the O.Ps have verified the premises of the Complainant on dtd.22.02.2017 in presence of the Complainant, where they have found that the Complainant was availing unauthorized use of electricity by means of tampering the energy meter. Thus, the supply line was disconnected at the spot and the tampered meter was seized and also a spot verification report was prepared. Thereafter, observing necessary formalities of Law, provisional assessment order U/s.126 of Electricity Act, 2003 was prepared for Rs.13,455/- (Rupees Thirteen Thousand Four Hundred Fifty Five) only and the copy was served to the Complainant, but the Complainant has not filed any objection against the provisional order. Thus, final assessment order was prepared for Rs.13,454/- (Rupees Thirteen Thousand Four Hundred Fifty Four) only and the copy was also served to the Complainant. 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 any cost.

                         Pronounced in the open Forum on this day i.e. the 26th day of February, 2020 given under my Signature & Seal of the Forum.