The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Executive Engineer, GRIDCO, Balia, Balasore and O.P No.2 is the S.D.O, Electrical, Supply Sub-Division No.1, GRIDCO, Balasore.

                                2. The case of the Complainant in brief is that the Complainant is a Consumer under the O.Ps bearing Consumer No.A29-0584 (domestic in earlier stage) and A29-0086 (commercial). But, during absence of the Complainant and his family members, the O.Ps after checking his house, have converted domestic to commercial category and imposed a fine of Rs.30,000/- (Rupees Thirty thousand) only for unauthorized use of electricity. Thus, the Complainant requested to reconsider his case, but they did not pay any heed to it. Being a low paid employee and due to non-payment of electric bills, there was an arrear of Rs.32,388/- (Rupees Thirty two thousand three hundred eighty eight) only. Thus, the O.Ps demanded to pay the arrears within 15 days or else, power supply will be disconnected. The Complainant has paid Rs.10,000/- (Rupees Ten thousand) only  towards electric bills on 31.01.2015. The Complainant has prayed for conversion of Consumer No. A29-0584 from commercial to domestic category along with revision of arrears.

                                3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability as well as its cause of action. The O.Ps have further submitted that the premises of the Complainant vide Consumer No.A29-0584 was verified by the NESCO verification team on 17.05.2010, where it was found that being a domestic Consumer, he was using the power supply for commercial purpose, which is illegal and for the unauthorized use of electricity, a spot verification report was prepared. Basing on the spot verification report dtd.17.05.2010, the provisional assessment U/s.126 of Electricity Act-2003 was made on 24.05.2010 for Rs.22,348/- (Rupees Twenty two thousand three hundred forty eight) only vide letter No.952, dtd.24.05.2010 and accordingly, the same was finalized by the O.P No.2 for an amount of Rs.7,622/- (Rupees Seven thousand six hundred twenty two) only. So, the allegation of the Complainant about the penalty of Rs.30,000/- (Rupees Thirty thousand) only is totally baseless and false. Since the Complainant is irregular in payment of electric bills, there were an arrears of Rs.37,000/- (Rupees Thirty seven thousand) only up to March-2015. So, a disconnection notice served to the Complainant during March-2015 and the Complainant has paid Rs.10,000/- (Rupees Ten thousand) only towards electricity bills in the month of January-2015 after issuance of the disconnection notice by the O.Ps. When there is provision for appeal after final order made U/s.126 of the Electricity Act-2003 within 30 days of the said order for redressal of grievances (if any) of the Complainant to an appellate authority and the Complainant without availing remedies available in the statute U/s.127 of I.E Act-2003, he has filed this case before this Forum. In addition, 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.

                                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. It has been argued on behalf of the Complainant that during absence of him and his family members, the O.Ps after checking his house, have converted domestic to commercial category and imposed a fine of Rs.30,000/- (Rupees Thirty thousand) only for unauthorized use of electricity. Due to non-payment of electric bills, there was an arrear of Rs.32,388/- (Rupees Thirty two thousand three hundred eighty eight) only. Thus, the O.Ps demanded to pay the arrears within 15 days or else, power supply will be disconnected. So, the Complainant has paid Rs.10,000/- (Rupees Ten thousand) only  towards electric bills on 31.01.2015. After several requests made by the Complainant to consider his case, but the O.Ps did not pay any heed to it, for which he has filed this case praying for conversion of Consumer No. A29-0584 from commercial to domestic category along with revision of arrears. On the other hand, it has been argued on behalf of the O.Ps that on 17.05.2010, the O.Ps along with their verification team verified the premises of the Complainant vide Consumer No.A29-0584, where they have found that the Complainant was availing power supply unauthorisedly as he was a domestic Consumer, but he was using the power supply for commercial purpose, for which a spot verification report was prepared. Thereafter, observing necessary formalities of Law, provisional assessment U/s. 126 of Electricity Act-2003 was prepared for an amount of Rs.22,348/- (Rupees Twenty two thousand three hundred forty eight) only vide letter No.952, dtd.24.05.2010 and accordingly, final assessment order was prepared for an amount of Rs.7,622/- (Rupees Seven thousand six hundred twenty two) only. So, the allegation of the Complainant about the penalty of Rs.30,000/- (Rupees Thirty thousand) only is totally baseless and false. Since the Complainant is irregular in payment of electric bills, there were an arrears of Rs.37,000/- (Rupees Thirty seven thousand) only up to March-2015. So, a disconnection notice served to the Complainant by the O.Ps during March-2015 and the Complainant has paid Rs.10,000/- (Rupees Ten thousand) only towards electricity bills in the month of January-2015 after taking of the disconnection notice issued by the O.Ps. The Complainant has neither complied the order 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 7th day of April, 2018 given under my Signature & Seal of the Forum.