ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                               JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to restore the electric connection waive out the illegal demand of penalty and compensated towards the mental agony and irreparable loss and so also litigation expenses”.

            The complainant is a domestic consumer having consumer No.000003796299 under opposite parties and pays the electric dues regularly. On 13.12.2018 when the complainant was not present in his house as he is a school teacher and discharging his duties, all of a sudden the opposite parties entered the house of the complainant and gave a notice that a sum of Rs.14,496/- with A.S.D. Rs.3,662/- to be paid as the complainant using the same unauthorizedly on commercial basis and demanded to receive the said notice to the wife of the complainant and also demanded to pay the same on spot. But the wife of the complainant did not agree to receive the said notice for which the opposite parties forcibly disconnected the service connection.

            The opposite parties No.1, 2 & 4 in spite of receipt of notice of this Commission did not appear and were set ex-parte on 12.3.2019. Opposite party No.3 appeared through his advocate and filed written version stated as under;

            The complainant has been unauthorized consuming electricity by extending power supply to commercial shops of ground floor of his own building given by him on rented basis whereas he has been using electricity for domestic purpose in the first floor where he is residing. During routine check on 22.11.2018 the matter was detected and immediately at the spot the opposite parties prepared PVR dt.22.11.2018 in presence of consumer but he refused to sign the same. Apart from this the complainant is a habitual defaulter in payment of electric dues for which arrear electricity dues of Rs.11,773.66 paisa is lying unpaid by dt.31.5.2019. For unauthorized use of electricity basing upon PVR dt.22.11.2018 the consumer was provisionally assed U/s.126 of I.E. Act to the tune of Rs.14,496/- and a notice of the same along with additional security deposit of Rs.360/- was sent to the complainant.  

            Counsel for both parties are absent since long. We have gone through the record. Complainant has been booked U/s.126 of Indian Electricity Act, for unauthorized use of electricity. In view of the decision of Hon’ble Apex Court in the case of U.P. Power Corporation Ltd. and others Vrs. Anis Ahmad in Civil Appeal No.5466 of 2012, this Commission lacks jurisdiction to entertain the grievance. Hence the consumer complaint is dismissed. No cost.