For the Complainant: In Person

For theOPs :Sri A.K.Pattnaik, Advocate, Bhawanipatna

                                                            JUDGEMENT

The facts of the complaint in brief is thatthe complainant is a consumer of the OP and paying the electric bill regularly. On 04.03.2016 the Opp.Party No.4 & 5 entered into the premises of the complainant and checked the electric meter and alleged that the meter is tempered and asked for some illegal gratification and left the premisesand threatened for dire consequence and after a period of two monthsi.e. on 1^st week of May,2016the meter reader intimatedthe complainant thathe was imposed with a fine of Rs.28,829/-and told the complainant to contact the SDO, Electrical otherwise the line will be disconnected. Subsequently, the complainant visited the office ofthe SDO, Electrical i.e. OP 2and met on 13.05.2016and OP 2 replied thatthe Vigilance team submitted a report that the meter is temperedand the OP 2 gave a copy of report to the complainant . As per the written request of thecomplainant the OP 2and staff visited the premisesof the complainant on 23.05.2016and satisfied with the seal and condition of the meterand stated that the meter is not tempered and running in a good condition and told thatit might be a willful mischief of the Vigilance team. Hence, prayed to waive out the penalty amount imposed by the Vigilance team and award Rs.20,000/-for mental agony and compensation for sufferingsany other relief as the forum deem fit and proper. Hence, this complaint.

            Being noticed the Ops appeared through their advocate Sri A.K.Pattnaik and filed written version denying the petition allegationson all its material particulars. It is submitted by the OPsthat the complainanthas availed power supplyto his residential house for domestic purpose.The OP 3,4 & 5are working under the Vigilance Squared of the WESCO Utility and empowered to visithouseto house to find out any temper in meter and line as per the guideline of Electricity Regulation Act andthe OP has the power to impose penalty for any foul play by the consumerandthe Vigilance Squared has submittedtheir reportthat the meter of the complainant is tempered . When the mischief of the complainant is caught by the Vigilance Squared only to avoid the penalty he file this false case against the OP . The Ops have never put the petitioner in harassment at any point of timeand the service of the Ops are not deficientand hence prayed to dismiss the casewith a direction to the petitioner for payment of the entire electric dues outstanding against him.

Further theLearned Advocate for the Ops files a petition Under Order 6, Rule 17 of the CPCstating therein that inadvertently some part of the version has been left out when typed and now the Ops want to incorporate the facts in the versionby way of amendment and the petition was not allowed since the procedure of the Forum is summary procedure and it was orderedthat the matter raisedin the petition will be decided at the time of final hearing.

It is submitted by the Ld. Advocate for the Ops in the proposed amendment thatthe complaint against the assessment made by assessing officer under Section 126or under Sections 135 to 140 of the Electricity Acat,2003 is not maintainable before this forum. The acts of person in indulging in unauthorizeduse of electricity do not fall within the meaning of complaint and therefore the complaint against assessment under Section 126 is not maintainable before the Consumer Forum.

                                                            F I N D I NG

                        On perusal of the Provisional Assessment Orderdt.04.03.2016it is found thatthe assessment order prepared by the OPis not in accordance with due process of law with material irregularities, the said assessment order has no legalimplication. The Opposite Party did not file any document to show that the person who assessed the bill amountis competentas per Explanation Section 126(a) of the Electricity Act,2003.

It isarguedby the Ld. Counsel for theOpp.Partythat the penalty has been imposedon the ground of tempering of meter for whichthe OP claiming outstanding arrear amount. The complainant vehemently objectedand argued thatthe complainantwas paying the electric consumption charges since longand the complainant is a bonafide consumer of the OP Company and the complainant has not tempered the meterand after written application the OP 2 with his staff visited the premises of the complainant and found that the meter is not tempered and running properly and stated that it is mischief of the Vigilance team towhich the OP has not objected in their written version. Further, it is found that the Opp.Party has not send the provisional assessment order with a notice to the complainant show cause as to why the provisional assessment order should not be made final and also not given opportunity to complainantto be heard. It is also not clear from the available recordwhen and who had made the final assessment . On perusalof the Xerox copy of the provisional assessment orderwhich the complainantclaims thatwas handed over to him in the office of SDO after about two months of the alleged date of inspection, it has been mentioned as tempered. The meter was neither removed nor sent to any testing laboratory also for testing and is still used by the complainant and basing on which he is paying electricity charges till date. The complainant further alleged that on 23.05.2016the staff of OP No.2 on his complaint visited and checked the meter and foundthe same in proper running condition. The OP has also notclear on what basisthe provisional assessment and penalty of Rs.28,829/- was calculated and made final. From the aforesaid discussion, we found that the complainant has justified his contents and it is not a case oftempering of meter. So from the above facts, it is opined that the OP can not impose penalty when the meter is running properly and as such the OP has no right to claim or recover any such outstanding arrear amount from the complainant. Hence, it is ordered.

Hence, in view of the above, the imposition of penalty of Rs.28,829/- by the OP is not proper and which is not sustainable in the eye of law and  is hereby quashed. The complainant is exempted to pay any arrear electricity charges  and  the Opposite Parties are directed  not to demand any outstanding arrear  electricity charges from the complainant since there is no fault in the meter. There shall be no order as to cost and compensation.

Pronounced in open forum today on this 19^th day of January,2018 under the seal and signature of this forum.

                         Member                            Member                                      President

Documents relied upon:

By the complainant:

1. Copy of Application to the Town PS
2. Copy of Inspection Report

By the Ops:Nil                                                                                President