Orissa

Jajapur

CC/29/2015

Basanta Kumar Pati - Complainant(s)

Versus

J.E Electrical Section-1,Jajpur - Opp.Party(s)

Ashok KJumar Prusty

26 Aug 2015

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                                      Present:  1.Shri Biraja Prasad Kar, President,

                                                                                      2.Sri Pitabas Mohanty, Member,

                                                                                      3.Miss Smita Ray, Lady Member.                                                                 

        Dated the 26th day of August,2015.

                                        C.C.Case No.29 of 2015

Basanta ku.Pati,S/O Chakradhar Pati

At. Santhamadhab,P.O.Jajpur,

Dist.Jajpur.

…… ……....Complainant .

                                     (Versus)                                                       

1.J.E,Electrical Section-1,Jajpur.

 2.S.D.O,Electrical,Section-1,Jajpur.

3.Executive Engineer,Electrical,Jajpur,Dt.Jajpur.                                                    

                                                                                                                       ……………..Opp.Parties.                                                                                                                                                                                                                                                                                                                                          

For the Complainant:                      Sri  A.K.Prusty, Sri S.Pati, Sri R.K.Mohanty, Advocates.

For the Opp.Parties:                       Self.

                                                                                      

                                                                                                 Date of order:   26. 08. 2015.

SHRI  PITABAS  MOHANTY, MEMBER .

                       

The petitioner has filed the present dispute alleging deficiency in service on the part of the O.Ps.

                        The fact relevant in the present dispute shortly is that as per complaint petition the petitioner is a consumer under the O.Ps. bearing consumer No.JTT-4557. The petitioner was paying the electrical dues of the O.Ps. regularly as per meter reading.

                        That in the month of February-2015 the petitioner suddenly received a inflated bill from the O.Ps  amounting to Rs.21,000/- . Thereafter the petitioner approached the O.Ps. through written application regarding correction of the wrong inflated bill. But the O.Ps. threatened that if the arrear dues will not be deposited in time, the power supply will be disconnected from the premises of the petitioner.

                        Accordingly finding no other way  the petitioner has filed the present dispute  with the prayer to direct the O.Ps. for correction of the inflated electricity bill.

                        After notices the O.Ps. have appeared and filed their written version denying the allegations of the petitioner. In the written version the O.Ps. have taken the following  defence:

                        It is true that the petitioner belongs to Vill. Santhamadhaba under Jajpur Muncipality  bearing consumer No. JTT- 4557.

                        It is false that suddenly the consumer received a bill having the  arrears. A verification was made in the premises of the petitioner on 19.08.14 and it was found that the service wire was cut before meter and the consumer was availing  power supply through  by passing the meter. On the basis of such verification, a provisional order was issued to the petitioner vide T.O letter No.981 / 19.08.14 for Rs.47120/- . The petitioner verbally approached for final assessment of the said order. On request the final assessment was made for Rs.31173/- and it was duly communicated to the consumer vide T.O Letter No.1591 / 31.12.14. The arrears shown is due to the assessment made under section 126 of Electricity Act,2003.

                        In this context the prayer of the petitioner  may please be dismissed as it is case under section 126 of the Electricity Act,2003. The case is not maintainable before the Hon’ble Forum as it falls beyond the jurisdiction of this Forum.

                        In view of the above pleading we have perused the record along with documents and ledger copy filed by both the parties in details and inclined to dismiss the dispute as per our observation given below:-

As regards penalty U/S 126 of Indian Electricity Act-2003 as assessed by O.P we are in the considered view that this Fora has no jurisdiction to entertain such claim as per provision of electricity Act-2003  in view of the  observation of Hon’ble Supreme (U.P. Power Corporation Ltd,& others Vrs .Anis Ahamad) 2013(3)CLT-227 (S.C) wherein it is held that:-

“The Consumer Forum can not derive power to adjudicate a dispute in relation to assessment made U/S 126 and offences under section 135 to 140 of the Electricity Act-2003.”

                        In the conclusion the reason recorded above  we are constrained to hold that this

Fora gets no jurisdiction to decide the dispute as per observations of the Hon’ble Appex Court .

                                                            O R D E R

                   Consequently the dispute is dismissed  and the complainant is at liberty to approach proper Forum/ court in respect of his grievance if he so likes.  No cost.     

         This order is pronounced in the open Forum on this the 26th day of August ,2015. under my hand and seal of the Forum.