The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the J.E, Gopalgaon, NESCO Section, O.P No.2 is the Deputy Manager (Electrical), Supply S/D No.1, NESCO, Balasore, O.P No.3 is the Executive Engineer, NESCO (BED), Balasore and O.P No.4 is the M.D, NESCO, Januganj Golei, Balasore.

                    2. The case of the Complainant in brief is that the Complainant is a bonafide domestic Consumer under the O.Ps bearing Consumer No. A24-0848 and paying electric bills regularly. But, on 14.11.2014, the O.P No.1 along with other NESCO Officials made a spot verification and reported that the Complainant tampered the meter and calculated load factor to the extent of 4.5 K.W, observing that the Complainant unauthorisedly tampered the meter body and internal interference inside the meter finding I/C and O/G short circuited a small conductor by slowing. The O.Ps disconnected the power supply and took away the meter. Accordingly, the O.Ps sent a Provisional Order No.1189, B.P No.2052 on 15.11.2014 to the Complainant for Rs.81,502/- (Rupees Eighty one thousand five hundred two) only enhancing load to 4.5 K.W. The Complainant deposited Rs.20,150/- (Rupees Twenty thousand one hundred fifty) only on 24.11.2014 before O.P No.1 and power supply was affected. As per order dtd.15.11.2014, the Complainant had been to O.P No.2 along with all relevant documents, but the O.Ps did not pay any heed to it, rather sending exorbitant, erroneous and illegal bills to the Complainant amounting arrear of Rs.26,333/- (Rupees Twenty six thousand three hundred thirty three) only as claimed by them. Thus, the O.Ps have disconnected the power supply to the premises of the Complainant, causing mental agony and financial loss to the Complainant. The Complainant has prayed for compensation for mental agony and financial loss.

                    3. Written version filed by the O.Ps No.1 to 3 through their Advocate denying on the point of maintainability as well as its cause of action. The O.Ps No.1 to 3 have further submitted that the premises of the Complainant was verified by O.P No.1 and 2 and electrical installations and on verification, it was found that the Complainant was availing power supply with a load of 4.5 K.W instead of CD 4 K.W. Again, when the meter was tested, it was showing 76.24% slow as tested by Aqua Check and the meter was tempered by interference with the internal circuit of the meter. The meter was seized and recovered on the spot and power supply was disconnected. The above verification has been carried out on presence of the Complainant. But, when the verification team asked the Complainant to sign on the verification report, he refused to sign on it. The Complainant towards use of electricity is unauthorized and illegal, for which it has been booked U/s.126 of Electricity Act, 2003. Basing on the spot verification report dtd.14.11.2014, the Provisional Assessment was made on dtd.15.11.2014 for an amount of Rs.81,502/- (Rupees Eighty one thousand five hundred two) only vide order No.1189, dtd.15.11.2014 and accordingly, the same was finalized by O.P No.2 for an amount of Rs.41,491/- (Rupees Forty one thousand four hundred ninety one) only against Rs.81,502/- (Rupees Eighty one thousand five hundred two) only. When, there is provision for appeal after final order made U/s.126 of the Electricity Act, 2003 within 30 days of the said order for redressal of grievances (if any) of the Complainant to an appellate authority that is Electrical/ Dy. Electrical and the Complainant without availing remedies available in the statute U/s.127 of I.E Act, 2003, he has filed this case before the Forum, just to misguide the Forum. In addition, a “complaint” against the assessment made by Assessing Officer U/s.126 or against offences committed U/s.135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum.     

                    4. Though sufficient opportunities were given to O.P No.4 for his appearance, but he has neither appeared nor filed his written version in this case. The O.P No.4 was also set ex-parte.

                    5. In view of the above averments of both the Parties, the points for determination of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law ?

(ii) Whether there is any cause of action to file this case ?

(iii) To what relief the Complainant is entitled for ?

                    6. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that on 14.11.2014, the O.P No.1 along with other NESCO staff made a spot verification and found that the Complainant unauthorisedly tampered the meter body and internal interference inside the meter finding I/C and O/G short circuited a small conductor by slowing. So, they have disconnected the power supply and took away the meter. Accordingly, the O.Ps sent a Provisional Order No.1189, dtd.15.11.2014 to the Complainant amounting Rs.81,502/- (Rupees Eighty one thousand five hundred two) only by enhancing the load to 4.5 K.W and the Complainant deposited Rs.20,150/- (Rupees Twenty thousand one hundred fifty) only on 24.11.2014 before O.P No.1 and power supply was affected. As per the provisional order, the Complainant had been to O.P No.2 along with all relevant documents, but the O.Ps did not pay any heed to it, rather sending erroneous and illegal bills to the Complainant amounting arrear of Rs.26,333/- (Rupees Twenty six thousand three hundred thirty three) only as claimed by them. Thus, the O.Ps have disconnected the power supply to the premises of the Complainant, causing mental agony and financial loss to the Complainant, for which he has filed this case before this Forum praying for compensation for mental agony and financial loss. On the other hand, it has been argued on behalf of the O.Ps that on 14.11.2014, the O.Ps have verified the premises of the Complainant in presence of the Complainant, where they have found that the Complainant was availing power supply with a load of 4.5 K.W instead of CD 4 K.W. And, when the meter was tested, it was showing 76.24% slow as tested by Aqua Check and the meter was tempered by interference with the internal circuit of the meter. Thus, the meter was seized and recovered on the spot and power supply was disconnected and also the O.Ps prepared spot verification report at the spot, where the Complainant refused to sign on it. Thus, basing on the spot verification report, the O.Ps prepared provisional assessment order U/s.126 of Electricity Act, 2003 vide Order No.1189, dtd.15.11.2014 for an amount of Rs.81,502/- (Rupees Eighty one thousand five hundred two) only and accordingly, the same was finalized by O.P No.2 for an amount of Rs.41,491/- (Rupees Forty one thousand four hundred ninety one) only vide Order No.1219, dtd.24.11.2014. The copy of spot verification report, provisional assessment order and final assessment order has been filed in the case record by the O.Ps vide Annexure-A, Annexure-B and Annexure-C respectively. But, the Complainant has neither complied the order nor appealed before the appellate authority, rather filed this case in this Forum. So, when there is an assessment, this Forum has no jurisdiction to entertain the case and the Complainant is at liberty to approach the appropriate authority. However, in view of the authority reported in III (2013) CLT-55 (SC) in the case of Uttar Pradesh Power Corporation Limited & Ors. (Vrs.) Anis Ahmad, wherein it has been held by the Hon’ble Supreme Court of India that complaint against assessment made U/s.126 or action taken against those committing offences U/s.135 to 140 of Electricity Act, 2003, held, is not maintainable before a Consumer Forum. Civil Court’s jurisdiction to consider a suit with respect to the decision of assessing Officer U/s.126 or with respect to a decision of the appellate authority U/s.127 is barred U/s.145 of Electricity Act, 2003. Therefore, it is clear that after notice of provisional assessment to the person alleged to have indulged in unauthorized use of electricity, the final decision by an assessing officer, who is a public servant, on the assessment of ‘unauthorized use of electricity’ is a quasi-judicial decision and does not fall within the meaning of “consumer dispute” U/s. 2(1) (e) of Consumer Protection Act. Offences referred to in Sections-135 to 140 can be tried only by a Special Court constituted U/s.153 of Electricity Act, 2003, hence, also the complaint against any action taken under Sections-135 to 140 of Electricity Act, 2003 is not maintainable before Consumer Forum. By virtue of Section-3 of Consumer Protection Act, 1986 or Sections-173, 174 and 175 of Electricity Act, 2003, Consumer Forum cannot derive power to adjudicate a dispute in relation to assessment made U/s.126, or offences U/s.135 to 140 of Electricity Act, as the acts of indulging in “unauthorized use of electricity” do not fall within the meaning of “complaint” as defined U/s. 2(1) (c) of Consumer Protection Act, 1986.

                    7. So, now on careful consideration of all the materials available in the case record and on the basis of principle laid down by the above Authority as discussed earlier, this Forum come to the conclusion that this Consumer case is not maintainable in this Forum, for which the Complainant is not entitled for any relief as prayed for and accordingly, this Consumer case is liable to be dismissed. However, the Complainant is at liberty to approach the appropriate authority along with an application for condonation of delay, if desired/ required. Hence, Ordered:-   

                                                     O R D E R

                         The Consumer case is dismissed on contest against the O.Ps No.1 to 3 and on ex-parte against O.P No.4, but in the peculiar circumstances without cost.  

                         Pronounced in the open Forum on this day i.e. the 12th day of March, 2018 given under my Signature & Seal of the Forum.