Uttar Pradesh

Aligarh

CC/199/2024

LOKENDRA PAL - Complainant(s)

Versus

EXECUTIVE ENGINEER ELECTRICITY DISTRIBUTION DIVISION IV - Opp.Party(s)

22 Nov 2024

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग
अलीगढ
 
Complaint Case No. CC/199/2024
( Date of Filing : 06 Aug 2024 )
 
1. LOKENDRA PAL
S/O SIYA RAM R/O VILLAGE BHILPUR ROAD IGLAS ALIGARH
...........Complainant(s)
Versus
1. EXECUTIVE ENGINEER ELECTRICITY DISTRIBUTION DIVISION IV
IGLAS ALIGARH
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. HASNAIN QURESHI PRESIDENT
 HON'BLE MR. ALOK UPADHYAYA MEMBER
 HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER
 
PRESENT:
 
Dated : 22 Nov 2024
Final Order / Judgement
  1. The present complaint has been filed by the complainant before this commission for the following reliefs:-
  1. The Op be directed to furnish the information of compounding the alleged offence of electricity theft  by the complainant to the police station and court concerned for his deemed acquittal U/s-152 Electricity Act-2003.
  2. The op be directed to pay litigation expenses Rs.10,000/-
  3. Any other relief suitable in the facts and circumstances of the case be granted in favour of complainant.
  1. The complainant is the consumer of electricity supplied by the op through electricity connection no:-70312101491 with account No.781723385103 at his premises above noted. The electricity connection is of the category LMV-I, of 2 KW for domestic use. It is alleged that on 09.06.2021 premises of the complainant was inspected and the electricity theft was found being committed. It is false and frivolous allegation against the complainant. Nothing was seized at the spot and no checking report was prepared at the premises and no checking report was got signed by the complainant or his any family member. No report was pasted at the premises and no report was sent to the complainant by registered post same day of alleged checking or its next day. The complainant came to know that the assessment has been raised against him on the basis of alleged checking report, but he was never informed before raising the provisional assessment and before making the provisional assessment as final assessment. The assessment raised as per letter dated 11.08.2024 issued by Op is wrong and fictitious. Complainant was never informed before raising assessment by letter dated 11.08.2024. As there was no prima facie evidence  of electricity theft there was no occasion to raise assessment by letter dated 11.08.2024 and complaint was never served with any notice prior to raising the assessment on 11.08.2024 and complaint was deprived from opportunity of hearing to prove his innocence before raising the assessment on 11.08.2024. The letter dated 11.08.2024 shows that the no date was fixed for submitting representation and hearing against the assessment raised by letter dated 11.08.2024 to make it final assessment. There is no final assessment against the complainant. There was only assessment dated 11.08.2024 which is merely provisional assessment and the assessment amount cannot be realized from the complainant as only the amount of final assessment is recoverable and not of the provisional assessment. No provision of UP Electricity Supply Code-2005 was followed in  alleged checking of the premises of the complainant and alleged assessment based on such a checking report is wrong illegal and without jurisdiction. The complainant is a farmer of the rural area and is not conversant with the rules and regulations of the electricity. He was communicated by the office of the op to pay amount Rs.12000/-in respect of electricity charges with Rs. 8000/-as settlement fee. Complainant deposited the amount Rs.12000/- and 8000/- on 10.09.2021 vide receipts dated 10.09.2021.  It appears on perusal of receipt that the amount Rs.12000/-has been paid in respect of electricity theft and amount Rs.8000/- has been paid as compounding of the charges. Although complainant has not paid the said amount consciously in respect of any case of electricity theft. However, as per payment made by the complainant the alleged case of electricity theft is compounded and there remains no dues against the complainant. The provisions of section-152(1) of the UP Electricity Act 2003 provide the compounding of offence of electricity theft and the complainant has paid the assessment amount  Rs.12000/-plus compounding fee Rs.8000/- at the rate of Rs.4000/-per KW and thus 8000/- for 2 KW. It is provided in section-152(2) that on payment of  the sum of money as per provision of sub section-(1), no proceeding shall be instituted or continued against such a consumer in any criminal code and it is also provided in section-152(3) that the acceptance of the sum of money for compounding the offence it shall be deemed to an acquittal within the meaning of section-300 Cr.P.C.-1973. It means complainant stands acquitted of the charge of electricity theft and no criminal case for electricity theft can be instituted against him in any criminal court. As per provisions of section-300Cr.P.C.1973, a person once acquitted cannot be tried for the same offence. Thus in view of provisions of section-152 Electricity Act-2003 read with provisions of section-300 Cr.P.C. -1973 no case can be instituted against the complainant in any criminal court in respect of alleged electricity theft. Accordingly if the investigation in respect of electricity theft is pending in the police station concerned, the investigation has to be closed by the investigating officer and if any charge sheet has been submitted in the court concerned, the complainant is entitled for discharge. The Op is under obligation to furnish the information in this regard to police station and court concerned. Complainant is entitled for discharge Op is under obligation to furnish the information in this regard to police station and court concerned. Op has failed to discharge it obligation and committed deficiency in service.        
  2.  Op stated in W.S that the complainant is the consumer of electricity supplied by the Op. On 09.06.2021 JE and Lineman checked the premises of the complainant and found that electricity theft was being committed by making CUT in incoming cable of the meter. On the basis of checking report no. 3762/05 assessment amount Rs. 125157/- was raised. Final assessment was raised at Rs. 37889/-. Complainant deposited the partial assessment amount Rs. 12000/- with compounding fees 8000/- on 10.09.2021. Complainant had deposited the part of the assessment amount Rs. 37989/- and the outstanding amount was not paid. As the complainant had paid only Rs. 12000/- out of the assessment amount Rs. 37989/- and therefore, he is not entitled for the discharge.             
  3. The complainant has filed affidavit and papers in support of their case and Op has also filed affidavit and papers.
  4. We have perused the material available on record and heard the parties counsel.
  5. The first question of consideration before us is whether the complainant is entitled to any relief?
  6. Admittedly, complainant has paid the amount Rs. 12000/- with the compounding fee at the rate of Rs. 4000/- per KW total Rs. 8000/- for 2 KW, the sanctioned load of the complainant. As the complainant has paid total compounding fees Rs. 8000/- which cannot be said to be the compounding fees of part payment of the assessment amount and it is inferred that the complainant has paid the compounding fees Rs. 8000/- against the total amount of the assessment. There appears no provision for compounding the offence on part payment of the assessment amount and it cannot be believed that the Op accepted the sum of part payment for compounding the offence in view of section 152 (3) Electricity Act 2003. It is concluded that the sum Rs. 12000/- was accepted by the Op as the total sum of money for compounding the offence. Accordingly in view of section 300 CrpC. complainant shall be deemed to be acquitted of the charges of electricity theft. Accordingly Op is under obligation to inform the investigation agency and the court concerned for his deemed acquittal U/S 152 Electricity Act 2003.     
  7. The question formulated above is decided in favour of the complainants as discussed above.
  8. We hereby direct the Op to furnish the information of compounding the alleged offence of electricity theft  by the complainant to the police station and court concerned for his deemed acquittal U/s-152 Electricity Act-2003 and to pay litigation expenses Rs.10,000/-
  9. Op shall comply with the directions within 30 days failing which op shall be prosecuted for non compliance in accordance with section-72 of the Act for awarding punishment against it.
  10. A copy of this Judgment be provided to all the parties as per rules as mandated by the Consumer Protection Act-2019. The judgment be uploaded forthwith on the website of the Commission for perusal of the parties.
  11. File be consigned to record room along with a copy of Judgment.
 
 
[HON'BLE MR. HASNAIN QURESHI]
PRESIDENT
 
 
[HON'BLE MR. ALOK UPADHYAYA]
MEMBER
 
 
[HON'BLE MRS. PURNIMA SINGH RAJPOOT]
MEMBER
 

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