The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Junior Engineer, Electrical (No.1), Balasore, O.P No.2 is the Sub-Divisional Officer, Electrical (No.1), Balasore and O.P No.3 is the Executive Engineer, Electrical (B.E.D), Balia, Balasore.

                                  2. The case of the Complainant in brief is that the Complainant is a bonafide Consumer under the O.Ps bearing Consumer No.A29-0308 and was paying electric bills regularly. But, on 22.07.2015, the O.P No.1 and 2 illegally verified meter of the Complainant, thus disconnected electric line and took away the meter without permission of the Complainant. Accordingly, the O.Ps served an illegal bill of Rs.6,866/- (Rupees Six thousand eight hundred sixty six) only to the Complainant on 11.08.2015. The Complainant approached the O.Ps in several occasions to connect the electric line, but the O.Ps did not do so. The O.Ps without testing the meter observed that the meter was tampered and controlled by switch, thus opining load of 8.5 K.W, which is unreasonable. The Complainant has prayed for correction of illegal electric dues vide bill period dtd.15.07.2015. Neither the Complainant nor her Advocate was present at the time of hearing of this case though the Advocate for Complainant has filed hazira.

                                  3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability as well as its cause of action. The O.Ps have further submitted that on dtd.22.07.2015, the vigilance squad of NESCO made a spot visit to the premises of the Complainant in presence of the Complainant, the spot verification was conducted, where they have detected that the Complainant was availing power to the tune of 8.5 K.W unauthorisedly against the approved contract demand of 5 K.W by tampering all the seals of the meter and also inserted one foreign artificial switch inside the meter by doing a hole at the top of the meter to restrict the meter from recording proper meter reading. The tampered meter along with the artificial switch has been seized in presence of the Complainant and handed over to the O.P No.1 by the squad. The Complainant has been advised to take 3 phase supply as her consumption is more than 5 K.W and there is possibility of eminent danger to loss of human life for the family members of the Complainant and it will also damage the L.T line and thus, the power supply was disconnected at the spot. Thus, the spot verification report was prepared and the Complainant refused to sign on it. Thereafter, basing on U/s.126 of I.E Act-2003, provisional assessment was prepared for an amount of Rs.1,64,299/- (Rupees One lakh sixty four thousand two hundred ninety nine) only for unauthorized use of electricity and served the Complainant on dtd.28.07.2015 by Regd. post. The Complainant was also requested through the provisional assessment order to file objection, if any against the assessment order within 7 days. But, the Complainant did not file objection nor attend the hearing on dtd.10.08.2015, but she has filed a petition on dtd.12.08.2015 for 2 weeks time to file objection, which was allowed and next date posted to 28.08.2015 for objection hearing. But, on the date fixed, the Complainant nor her representative filed any objection and remained absent during hearing. So, basing on the provisional assessment order, final assessment was prepared. The Complainant without complying the order and without filing appeal against that order U/s.127 of I.E Act-2003, has filed this case before this Forum. Further, the bill amounting Rs.6,866/- (Rupees Six thousand eight hundred sixty six) only as stated in the complaint petition is the monthly consumption bill for the month of July-2015 and she is legally bound to pay the bill without any installment.    

                                  4. 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 ?

                                  5. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. Neither the Complainant nor her Advocate was present at the time of hearing of this case though the Advocate for the Complainant has filed hazira. So, her pleading remains as it is. According to her pleading, the O.Ps illegally verified meter of the Complainant on dtd.22.07.2015 and disconnected electric line and took away the meter without permission of the Complainant. Accordingly, the O.Ps issued an illegal bill of Rs.6,866/- (Rupees Six thousand eight hundred sixty six) only to the Complainant on 11.08.2015 and she approached the O.Ps in several occasions to connect the electric line, but the O.Ps did not pay any heed to it, for which the Complainant has filed this case praying for correction of illegal electric bills for the month of July-2015. On the other hand, neither the O.Ps nor their Advocate was present at the time of hearing of this case. So, the pleading of the O.Ps remains as it is. According to their pleading, on dtd.22.07.2015, the vigilance squad of NESCO made a spot verification to the premises of the Complainant and they have found in presence of the Complainant that the Complainant was availing power to the tune of 8.5 K.W unauthorisedly against the approved contract demand of 5 K.W by tampering all the seals of the meter and also inserted one foreign artificial switch inside the meter by doing a hole at the top of the meter to restrict the meter from recording proper meter reading. Thus, the tampered meter along with the artificial switch has been seized by the O.Ps and spot verification report was prepared, in which the Complainant refused to sign. Thereafter, observing necessary formalities of Law, provisional assessment U/s. 126 of I.E Act-2003 was prepared for an amount of Rs.1,64,299/- (Rupees One lakh sixty four thousand two hundred ninety nine) only for unauthorized use of electricity by the Complainant, which was served to the Complainant on 28.07.2015 by Regd. post. Though the Complainant has not filed any objection against the provisional assessment order before the O.Ps within the stipulated time frame, the said provisional assessment became final assessment order by the O.Ps. 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.

                                  6. 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, but in the peculiar circumstances without cost. The Complainant is further directed to receive back the Bank draft dtd.12.09.2016 drawn on S.B.I for Rs.1,717/- (Rupees One thousand seven hundred seventeen) only filed by her on 14.09.2016 as per Order dtd.09.08.2016 passed by this Forum as early as possible.  

                                      Pronounced in the open Forum on this day i.e. the 26th day of March, 2018 given under my Signature & Seal of the Forum.