The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Junior Engineer, Electrical Supply-1, Mathasahi Section, O.P No.2 is the S.D.O, Electrical, Kalimandir, Balasore and O.P No.3 is the Executive Engineer, 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.B1-0217 and was paying electric bills regularly to the O.Ps. In the month of December-2011, the Complainant had applied for the revision of electric bills and an amount of Rs.14,275/- (Rupees Fourteen thousand two hundred seventy five) only was deleted against the demand of Rs.18,511/- (Rupees Eighteen thousand five hundred eleven) only and the Complainant deposited the balance amount of Rs.4,245/- (Rupees Four thousand two hundred forty five) only vide money receipt No.63932/286269, dtd.25.01.2012 to the O.Ps. But, thereafter the revised amount and the said payment has not been reflected in the bill. Despite repeated approach by the Complainant, the O.Ps did not pay any heed to it. The Complainant submitted that the O.Ps threatened to disconnect the power supply, if the Complainant will not deposit Rs.16,169/- (Rupees Sixteen thousand one hundred sixty nine) only for the month of November-2013. The Complainant approached the O.Ps and the O.Ps scrutinized the bill and instructed the Complainant to deposit Rs.1,661/- (Rupees One thousand six hundred sixty one) only against the total outstanding of Rs.16,169/- (Rupees Sixteen thousand one hundred sixty nine) only and the Complainant deposited Rs.1,661/- (Rupees One thousand six hundred sixty one) only vide money receipt No.240907. But, still the aforesaid amount has not been deleted from the bills. The Complainant deposited Rs.1,002/- (Rupees One thousand two) only against the outstanding amount of Rs.15,859/- (Rupees Fifteen thousand eight hundred fifty nine) only for the month of March-2014, Rs.2,602/- (Rupees Two thousand six hundred two) only against the arrear amount of Rs.17,680/- (Rupees Seventeen thousand six hundred eighty) only  for the months of April, May, June-2014, Rs.2,430/- (Rupees Two thousand four hundred thirty) only for the months of July, August, September-2014 and Rs.900/- (Rupees Nine hundred) only on 31.12.2014 for the months of October and November-2014 as per instruction of the O.Ps. But, the aforesaid arrears were not deleted by the O.Ps till December-2014 and the O.Ps refused to receive current bill amount on 15.01.2015. The O.Ps disconnected power supply to the premises of the Complainant on 15.01.2015 and they have also taken the meter saying that after testing of the meter, they will replace it, which amounts to deficiency in service by the O.Ps. The cause of action arose on 15.01.2015. The Complainant has prayed for rectification of bill along with compensation for mental agony and harassment and litigation cost. Neither the Complainant nor his Advocate was present at the time of hearing of this case though the Advocate for Complainant has filed a time petition.

                    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 15.01.2015, the authorised officials of the O.Ps made a spot verification to the premises of the Complainant and they have detected that the meter of the Complainant is tempered by making holes in the T.P box as well as the meter body to the extent of 4 K.W against contract demand of 2 K.W. So, spot verification report was prepared and the Complainant refused to sign on the copy. Accordingly, provisional assessment U/s.126 of Electricity Act-2003 for unauthorized use of electricity was made on 22.01.2015 for an amount of Rs.70,918/- (Rupees Seventy thousand nine hundred eighteen) only vide letter No.52 and the same was finalized for an amount of Rs.53,407/- (Rupees Fifty three thousand four hundred seven) only by the O.Ps. 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. The Complainant without availing remedies available in the statute U/s.127 of I.E Act-2003, has filed this case before this Forum. Moreover, a “complaint” against the assessment made by the assessing Officer U/s.126 or against the offences committed U/s.135 to 140 of the Electricity Act-2003 is not maintainable before a Consumer Forum.

                    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 his Advocate was present at the time of hearing of this case though the Advocate for the Complainant has filed a time petition. So, his pleading remains as it is. According to his pleading, he had applied for revision of electric bills in December-2011 before the O.Ps and an amount of Rs.14,275/- (Rupees Fourteen thousand two hundred seventy five) only was deleted against the demand of Rs.18,511/- (Rupees Eighteen thousand five hundred eleven) only, for which the Complainant deposited the balance amount of Rs.4,245/- (Rupees Four thousand two hundred forty five) only on 25.01.2012 to the O.Ps. But, thereafter the revised amount and the said payment has not been reflected in the bill and in spite of repeated approaches made by the Complainant, the O.Ps did not pay any heed to it. The O.Ps also threatened the Complainant to disconnect the power supply of his premises, if he will not deposit Rs.16,169/- (Rupees Sixteen thousand one hundred sixty nine) only for the month of November-2013. The Complainant approached the O.Ps and they have scrutinized the bill and instructed to deposit Rs.1,661/- (Rupees One thousand six hundred sixty one) only against the total outstanding of Rs.16,169/- (Rupees Sixteen thousand one hundred sixty nine) only, for which the Complainant deposited Rs.1,661/- (Rupees One thousand six hundred sixty one) only. But, till date the said amount has not been deleted from the bills. Accordingly, the Complainant deposited various amount towards arrears in various date as per instruction of the O.Ps. But, the arrears were not deleted by the O.Ps till December-2014 and the O.Ps also refused to receive current bill amount on 15.01.2015. They have also disconnected the power supply to the premises of the Complainant on 15.01.2015 and have taken the meter amounting deficiency in service on the part of the O.Ps, for which the Complainant has filed this case praying for rectification of the bill along with compensation and litigation cost. On the other hand, it has been argued on behalf of the O.Ps that the authorised officials of the O.Ps made a spot verification to the premises of the Complainant on 15.01.2015, where they have found that the meter of the Complainant is tempered by making holes in the T.P box as well as the meter body to the extent of 4 K.W against contract demand of 2 K.W. Thus, spot verification report was prepared and the Complainant refused to sign on the copy. Thereafter, observing necessary formalities of Law, provisional assessment U/s. 126 of Electricity Act-2003 was prepared for an amount of Rs.70,918/- (Rupees Seventy thousand nine hundred eighteen) only, which was served to the Complainant vide letter No.52, dtd.22.01.2015. Accordingly, final assessment order vide Order No.1362, dtd.24.03.2015 was prepared for an amount of Rs.53,407/- (Rupees Fifty three thousand four hundred seven) only by the O.Ps and the said order was also served to the Complainant. 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.  

                         Pronounced in the open Forum on this day i.e. the 29th day of March, 2018 given under my Signature & Seal of the Forum.