The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Junior Engineer, Electrical, NESCO, Chandaneswar Division, O.P No.2 is the S.D.O, Electrical, NESCO, Chandaneswar, O.P No.3 is the Executive Engineer, Electrical, NESCO, Jaleswar and O.P No.4 is the Managing Director, NESCO Corporate Office, Januganj, Balasore.

                    2. The case of the Complainant in brief is that the Complainant is a bonafide domestic Consumer under the O.Ps vide Consumer No.NBD-1029 and paying the electric bills regularly. But, during August-2014, an imaginary amount of Rs.12,255/- (Rupees Twelve thousand two hundred fifty five) only issued to the Complainant, where consumption is only 60 units for the month. The O.Ps have imposed said amount without detecting any fault committed by the Complainant, which is quite illegal and arbitrary. Thus, the Complainant intimated the same to the O.Ps for correction of that unauthorised bill of Rs.12,255/- (Rupees Twelve thousand two hundred fifty five) only, but they have not corrected the same till date, which amounts to deficiency-in-service by the O.Ps. Cause of action arose on 25.02.2015, while the O.Ps threatened to disconnect the electric line to the house of the Complainant, unless he clears the total electric bill within 7 days as imposed illegally upon him, causing financial loss and mental agony to the Complainant. The Complainant has prayed for correction of the bill along with compensation for mental agony and litigation cost.

                    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 Complainant was not paying his electric bill regularly till July, 2014 and the arrear amount of Rs.4,836.42 ps. (Rupees Four thousand eight hundred thirty six and forty two paisa) only was pending. On 14.07.2014, the checking Party of the O.Ps No.1 to 3 has verified the premises of the Complainant in presence of him. They have found that the Complainant was using power supply unauthorisedly i.e. the service wire cut before meter and also the meter terminal cover had no seal and a black copper PVC wire was directly connected to the cut point by bi-passing the meter. So, they have made assessment U/s. 126 of Electricity Act, 2003 and power supply was disconnected on the spot. Then, provisional assessment of Rs.12,255/- (Rupees Twelve thousand two hundred fifty five) only was made on the basis of the spot verification report and both the copies of spot verification report and provisional assessment order were served to the Complainant, in which the Complainant refused to sign. Final assessment order has also been prepared on 27.08.2014 imposing the amount of Rs.12,255/- (Rupees Twelve thousand two hundred fifty five) only upon the Complainant, the copy of which was also been served to the Complainant vide letter No.587, dtd.27.08.2014. The Complainant has neither appealed before an Appellate Forum U/s.127 (1) of Electricity Act, 2003. So, deficiency in service by the O.Ps does not arise. Moreover, 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 are given to the O.P No.4, but he has not appeared in this case. So, the O.P No.4 is 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 an imaginary amount of Rs.12,255/- (Rupees Twelve thousand two hundred fifty five) only has been issued to the Complainant against the consumption of 60 units and in spite of several requests, the O.Ps did not correct the bill and threatened to disconnect the power supply to the premises of the Complainant, for which the Complainant has filed this case in this Forum praying for correction of the bill along with compensation and litigation cost. On the other hand, it has been argued on behalf of the O.Ps that an arrear amount of Rs.4,836.42 ps. (Rupees Four thousand eight hundred thirty six and forty two paisa) only was pending against the Complainant till July, 2014 and on 14.07.2014, on verification of the premises of the Complainant, the checking squad of the O.Ps have found that the Complainant was availing power supply unauthorisedly i.e. the service wire cut before meter and also the meter terminal cover had no seal and a black copper PVC wire was directly connected to the cut point by bi-passing the meter. Thus, spot verification report was prepared and penalty imposed U/s.126 of Electricity Act, 2003 and power supply was disconnected on the spot and the Complainant refused to sign on spot verification report, though he was present in the place. Basing on the spot verification report, the provisional assessment was made amounting Rs.12,255/- (Rupees Twelve thousand two hundred fifty five) only and the final assessment order has been made vide letter No.587, dtd.27.08.2014 amounting Rs.12,255/- (Rupees Twelve thousand two hundred fifty five) only, which is a clear case of U/s.126 of Electricity Act, 2003. 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. In view of 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 Authorities 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 any cost.  

                        Pronounced in the open Forum on this day i.e. the 16th day of January, 2018 given under my Signature & Seal of the Forum.