Learned counsel for the appellant is present.

    On request and consent of the learned counsel for the appellant, this appeal is taken up for hearing and disposal at the stage of admission.

    Heard.

    This appeal is directed against the order dated 29.5.2018 passed by the learned District Forum,  Bhadrak in C.D.Case No. 45 of 2016.

    The appellants representing Electricity Distribution Company NESCO were the OPs whereas the respondent was the complainant before the learned District Forum.

    By way of filing the complaint the respondent assailed the legality of the bill issued by the appellants amounting to Rs.51,349/- towards adjustment.

    The appellants filed written version specifically raising the plea that the disputed bill was a final assessment bill U/s 126 of the Electricity Act. It was also pleaded that in view of law laid down by the Hon’ble Supreme Court in U.P.Power Corporation Limited and others vrs. Anis Ahamad AIR 2013 SC 2766 complaint against assessment made U/s 1326 of the Electricity Act before the Consumer Fora is not maintainable. It was further pleaded that consequent upon physical verification of the complainant’s premises on 28.10.2016, it was found that the complainant was using electricity unauthorizedly. Accordingly, assessment was made U/s 126 of the Electricity Act. To substantiate the plea the appellants produced before the learned District Forum spot verification report, show cause notice, provisional assessment order as well as final assessment order.

    However, the learned District Forum held that consumer of electricity has the option either to approach the appellate authority under the Electricity Act or the Forum under the C.P.Act  to challenge the assessment made U/s 126 of the Electricity Act.

    The ratio of the decision of the Hon’ble Supreme Court in U.P.Power Corporation Limited (Supra) constitutes the law of the land. It has been categorically held that grievance with regard to assessment U/s 126 of the Electricity Act cannot be the subject matter of complaint before Consumer Fora. In such circumstances, the order of the learned District Forum is without jurisdiction and is a nullity.

    For the reasons stated above, the appeal is allowed and the impugned order is set aside.