Perused the material available on record. This complaint is filed for  redressal of dispute against the imposition of undue penalty by the Opposite Parties –Electrical Sub Division, Dharamgarh allegedly  adjusted the same as Sundry in the regular bill of the complainant which caused financial hardship to the complainant  and deficient service on the part of the Ops. The Opposite Parties have challenged the maintainability of this consumer complaint on the ground that the complainant has not approached the appropriate forum as prescribed against the alleged penalty imposed while  inspection to the premises  of the complainant. He also draw our attention  the provision contended in Section 126 & 127  of the Electricity Act,2003.

                      Admittedly the complainant has not approached the appellate authority against the imposition of the alleged penalty. In view of the above this consumer complaint is not  maintainable before this Commission. Hence, dismissed against the Opposite Parties. However, the complainant is at liberty to approach the appellate authority as envisaged U/s 127 of the Electricity Act,2003 and on approaching  of the complainant the said appellate authority shall condone the delay of filing of the appeal of this complainant and may decide  the matter as per law giving an opportunity  of being heard to the complainant.