The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Executive Engineer, NESCO, Soro, Balasore and O.P No.2 is the S.D.O, Electrical Sub-Division, Soro, Balasore.
2. The case of the Complainant in brief is that the Complainant is a bonafide domestic Consumer under the O.Ps bearing Consumer No.S11-120480 and was paying electric bill as per meter reading up to 2011 for 1 K.W service. In the year 2011, the meter went snag due to lightening and the Complainant applied for instalment of a new meter and paid Rs.6,000/- (Rupees Six thousand) only towards meter connection, but the O.Ps did not pay any heed to it. The Complainant paid Rs.3,000/- (Rupees Three thousand) only along with the bill of February-2012 out of the arrear amount of Rs.5,000/- (Rupees Five thousand) only and the rest amount of Rs.2,000/- (Rupees Two thousand) only is outstanding against the Complainant. But, the O.Ps on 04.07.2014 went to the house of the Complainant and arbitrarily made an assessment mentioning that the power supply used in his house is of 3 K.W load. Thus, the O.Ps illegally and whimsically prepared a verification list and imposed penal bill of Rs.29,309/- (Rupees Twenty nine thousand three hundred nine) only with additional security deposit of Rs.1,551/- (Rupees One thousand five hundred fifty one) only, which causes mental agony to the Complainant. Thereafter, the O.Ps on 09.07.2014 sent a notice for provisional assessment for unauthorised use of electricity and on 26.07.2014, the O.Ps threatened the Complainant to disconnect the power supply to his house. The Complainant has prayed for exemption of penal bill, installation of new meter along with compensation and litigation cost. Neither the Complainant nor his 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. The O.Ps have further submitted that the Complainant is not a regular payee Consumer. The authorized Officials of the O.Ps have verified the premises of the Complainant on 04.07.2014 and found that the Complainant was availing power supply without meter having 3 K.W load against the contract demand of 1 K.W. Thus, the spot verification report was prepared on 04.07.2014 and basing on it, on 09.07.2014, the provisional assessment U/s.126 of Electricity Act-2003 was prepared for Rs.29,309/- (Rupees Twenty nine thousand three hundred nine) only with additional security deposit of Rs.1,551/- (Rupees One thousand five hundred fifty one) only. Accordingly, final assessment has been prepared vide letter No.1075, dtd.05.08.2014 for Rs.26,189/- (Rupees Twenty six thousand one hundred eighty nine) only. 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 the Parties have filed certain documents as per list. Perused the documents filed. Neither the Complainant nor his Advocate was present at the time of hearing of this case. So, his pleading is his case. According to his pleading, the Complainant applied for installation of a new meter and paid Rs.6,000/- (Rupees Six thousand) only towards meter connection, but the O.Ps did not pay any heed to it. The Complainant has also paid Rs.3,000/- (Rupees Three thousand) only in February-2012 out of the arrear amount of Rs.5,000/- (Rupees Five thousand) only and the rest amount of Rs.2,000/- (Rupees Two thousand) only is outstanding against the Complainant. On 04.07.2014, the O.Ps verified the house of the Complainant and arbitrarily made an assessment mentioning that the power supply used in his house is of 3 K.W load. Thus, the O.Ps have illegally and whimsically prepared a verification list and imposed penal bill of Rs.29,309/- (Rupees Twenty nine thousand three hundred nine) only with additional security deposit of Rs.1,551/- (Rupees One thousand five hundred fifty one) only. Thereafter, on 09.07.2014, the O.Ps sent a notice for provisional assessment for unauthorised use of electricity and on 26.07.2014, the O.Ps threatened the Complainant to disconnect the power supply to his house, for which the Complainant has filed this case praying for exemption of penal bill, installation of new meter along with compensation and litigation cost. On the other hand, it has been argued on behalf of the O.Ps that the Complainant is not a regular payee Consumer. On 04.07.2014, the O.Ps have verified the premises of the Complainant, where they have found that the Complainant was availing power supply without meter having 3 K.W load against the contract demand of 1 K.W. Thus, a spot verification report was prepared on 04.07.2014 and basing on it, on 09.07.2014, the provisional assessment U/s.126 of Electricity Act-2003 was prepared for Rs.29,309/- (Rupees Twenty nine thousand three hundred nine) only with additional security deposit of Rs.1,551/- (Rupees One thousand five hundred fifty one) only. Accordingly, final assessment has been prepared vide letter No.1075, dtd.05.08.2014 for Rs.26,189/- (Rupees Twenty six thousand one hundred eighty nine) only. 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 13th day of June, 2018 given under my Signature & Seal of the Forum.
