Per Shri P.N.Kashalkar – Hon’ble Presiding Judicial Member.

          This appeal is filed by the Appellant/Original Complainant.  His complaint No. 28/2010 was dismissed on 22/06/2010 by District Consumer Forum Raigad.  The facts to the extent material to decide this appeal is stated as under:-

          The complainant is doing his business at Shelghar and for his own business, earlier he was sanctioned 55 H.P. load from Maharashtra State Electricity Distribution Company and for that connection electric meter was duly installed.  He alleged that the M.S.E.D.C. Ltd. had sanctioned additional 50 H.P. load to the complainant and with that the total 105 H.P. load was sanctioned by M.S.E.D.C.Ltd. to the complainant.  However, despite the sanctioned electric load of 105 H.P. opposite party had not given him the connection.  The complainant was getting electric bill at about `60,000 to `65,000 per month and he has paid it regularly.

          On 18/06/2009 at about 12.00 midnight the officer of the company without giving any intimation came in the premises of his stone crusher along with staff and took away meter box.  After they took over the meter box, they had given massage to his security guard to send the complainant in police station, Nhavasheva.  On 19/06/2009 complainant had paid bill of `63,370 and had gone to police station.  The officer lodged FIR u/s 135-138 of Electricity Act 2003 against the complainant.  Police asked him to show bills.  They had paid to bills issued by the M.S.E.D.C.Ltd.  Then he was told that he has consumed 2,52,000 unit worth `23,13,673.20.  Thereafter he made an enquiry under Right to Information Act, whereby it is informed that the said bill is given properly to him

          He pleaded that the O.P. have made allegation that he was illegally consuming electric supply by way of theft.  Because of  the allegation made by the O.P., complainant was suffering from physical & mental agony.   Therefore complainant filed consumer complaint in forum below and prayed that electric supply should be restored and claimed an award total amount `18,26,133 with 16% interest, `10,000 for legal expenses and `25,000 for mental agony.

        The O.P. files written statement and contested the matter.   According to O.P. the complainant was found committing theft of electricity.  The F.I.R. was lodged against the complainant and criminal action was going on.  Hence this complaint is not tenable in law.

          Upon hearing both the counsel, Forum below passed the reasoned order dismissing the complaint.  Hence, this appeal by the complainant.

          We are finding that the complainant is guilty of illegal abstraction of electricity.  If it is found that any consumer has consumed electricity unauthorizedly in excess of sanctioned load,  then MSEDCL has a right to take action against the said person. Forum below rightly dismissed the complaint. Hence we pass the following order

ORDER

              1.      Appeal stands dismissed

              2.                No order as to cost.

              3.       Copies of order be supplied to the parties