MRS RAJASHREE AGARWALLA, MEMBER-
Deficiency in service in respect of illegal disconnection of power supply are the allegations arrayed against the Ops.
2. Complaint in a brief reveals that, Complainant is a domestic category of consumer under Ops, enlisted under BPL and his consumer No. 002470045. It is alleged that, though Complainant is paying monthly electricity dues regularly, but the staff of the Ops without any prior information disconnected the power supply to the Complainant’s premises on dt. 26.3.17 at about 3 P.M. It is also alleged that inspite of repeated requests the Ops are not restoring the power supply, for which the Complainant and his family members are suffering a lot. Hence, the Complainant preys this forum for restoration of power supply and needs further direction Ops to pay Rs. 20,000/- as compensation for mental agony along with cost of litigation.
3. Being Noticed Ops appeared through their Ld. Counsel and filed Joint written statement into the disputes, and addmits that complainant is a domestic category of consumer under Ops bearing No. 002470045. Ops challenge the maintainability of complaint by citing the decision of Honbl’e Apex Court in case of U.P. Power Corp. vrs Anish Ahmed reported in O.L.R. 2014(1) SC-68. It is also alleged that U/S 145,174 &175 of I.E. Act, 2003, this Forum has no jurisdiction to entertain the complaint. Ops submitting the facts of the case averred that on dtd. 26.3.2017, when the CESU, authorities verified the premises of the Complainant, found that Complaint is using the power supply for carpentry business, which according to Ops are unauthorized used of electricity and the category of complainant was changed from ‘domestic’ to ‘commercial’ and the connected load was changed from 1 K.W. to 2 K.W. Accordingly, U/S 126 of I.E. Act, 2003 the assessing officer passed an provisional assessment order on complainant on dtd. 28.3.2017 to the tune of Rs. 4,818/-. The physical verification report and provisional assessment order are filed into the dispute as Annexure-A & B. It is further averred that, Deputy Manager, ENZEN Global Solution Pvt. Ltd. issued a letter bearing No.ENL/MSG/SID-03(A) dtd. 28.7.2017 requesting the complainant to deposit Rs. 5,674/- as per provisional assessment for conversion of category of consumer from ‘domestic’ to ‘commercial’. In the circumstances, the Ops have not committed any deficiency in service and the complaint is liable to be dismissed with cost.
4. Heard the Complaint on merit and Ld. Counsel appearing for the Ops, perused the documents filed into the dispute. It is an admitted fact that, Complainant is a consumer under Ops bearing Consumer No. 002470045. Complaint is filed before the Forum seeking 2 nos. of reliefs, first Complainant needs a direction for restoration of power supply and secondly, claims compensation of Rs. 20,000/- for mental agony. It is case of the complainant that without valid reason and without giving any prior intimation, Ops disconnected the power supply to the complainant’s premises. On the other hand, resisting claim of the Complainant, Ops state that on physical verification dtd. 26.3.2017, the officials of CESU detected that complainant is running a carperting unit by using unauthorized consumption of electricity. Accordingly, the connected load was enhanced from 1 K.W. to 2 K.W. and the assessing officer power conferred U/S 126 of I.E.Act, 2003 assessed an amount of Rs. 5,674/- issued a letter to deposit the same by chequing the category of consumer from ‘domestic’ to ‘commercial’. In support of their claim Ops filed attested Xerox copy of provisional assessment, and attested copy of letter dtd. 28.7.2017 issued to complainant. The first relief of the Complainant is complied during pendency of the dispute and as the complainant is enjoying power supply vide this Forum’s order dtd. 22.8.2017.
The allegations of the Ops are not countered by the complainant in any way. Thus, it is clear that, the complainant relates to unauthorized use of electricity, which is not the adjudicating matter of this Forum under the provisions of I.E.Act- 2003. If, Complainant wants to challenge allegations of Ops, same to be raised before appropriate authority established under I.E. Act, 2003. Hence, the second relief of complainant regarding award of compensation does not arise. The order of this Forum bearing No. 8 dtd. 22.8.2017 is hereby vacated.
With the aforesaid observations the Complaint is disposed of without any cost.
Pronounced in the open Court, this 11th day of April, 2018.
I, agree. I, agree.
Sd/- Sd/- Sd/-
MEMBER PRESIDENT MEMBER
