ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                  JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to physical verification may be made by opposite parties in presence of complainant, power supply of the complainant not to be disconnected, produce vediography of complainant’s kitchen room along with meter verification before this Commission and pay Rs.10,000/- towards cost of harassment, misbehave and expenditure and Rs.5,000/- towards mental agony”.

            The brief fact of the case is that, Damodar Mishra is the recorded domestic consumer of opposite parties by consuming electricity vide consumer No.80009320930 and another consumer No.80008947675. And the complainant is the son of Damodar Mishra and complainant is the karta of family and paid electric dues regularly. On 30.7.2022 the opposite party No.3 arrive at complainant’s premises with his enforcement team and remove the meter from installation point and broken the seal then scratch the meter by screwdriver. Then the enforcement team install the meter and shoot photo of meter and informed there is a hole in the meter. On 24.8.2022 the complainant received a telephonic call from opposite party No.2 to meet SDO Electrical on 25.8.2022 as Sub-Division Office.  The complainant appear before the opposite party and asking about calling and came to know from opposite party there was meter tampering in both meter due to adopting use of foreign particles hence there may be a case instituted against complainant U/s.135 of Electricity Act, 2003 and also threatened for disconnection. They have also informed the complainant the connected load found as 6.162 kw in consumer No.80009320930 and 4.810 kw in consumer No.800089477675. But till yet the opposite parties have not been supplied any verification report or any kind of notice to the complainant.   

            The opposite parties filed their written version stating as under;

            On 30.7.2022 enforcement team verified the premises bearing two account numbers and found both meters was tampered and the notice also submitted to the consumer under section 135. The load found in A/c No.80009320930 is 1.5 kw to 6.162 kw tampered and in A/c No.80008947675 is 3.5 kw to 4.810 also tampered. Complainant made against assessment under section 135 Electricity Act as such the same is not maintainable before Consumer Commission.

            As per the decision of Hon’ble Apex Court in the case of U.P. Power Corporation Ltd. vrs. Anis Ahemed, Consumer Commission has no power to entertain any matter with regard to section 126 and 135- 140 of Electricity Act.

            The counsel for complainant has relied on the citation in the case of Ajmer Vidyut Vitran Nigam Ltd. vrs. Naraini Devi wherein Hon’ble National Commission wherein the signature of party was not obtained in the notice and in the present case signature of complainant is also not there, there is no independent witness in the PVR report for which we found that the PVR report is not in accordance with rules. But in view of the decision of Hon’ble Apex Court this Commission cannot interfere in any case instituted U/s.126, 135- 140 of Electricity Act and complainant is free to approach in appropriate forum.

            But taking a lenient view we dispose of the consumer complaint directing the complainant to make an application to opposite parties who shall be kind enough to deduct 30 to 40% of the bill as is being done and if complainant is not satisfied with the aforesaid observation and direction may approach appropriate forum for redressal of his grievances. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.