SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of providing inflated energy bill and illegal disconnection of power supply are the allegations arrayed against Ops.
2. Complaint in a nutshell reveals that, complainant is a domestic category of consumer under Ops bearing Consumer No.002339708 and was enjoying power supply since the year 1998 and paying the monthly energy dues regularly. It is alleged that the authorities of Ops without the knowledge of complainant changed the category of Consumer Forum ‘Domestic’ to ‘commercial’ in the year 2012 and enhanced the connected load upto 2.5 KW. It is also alleged that complainant’s arrear outstandings was for Rs.3179.00 upto dtd.30.11.2015 Ops without serving any prior notice disconnected the power supply to the complainant’s premises on dtd.31.12.2015, and such illegal acts of the Ops give mental agony to the complainant. Hence, complainant prays this Forum seeking direction to Ops to restore power supply, rectify the arrear outstandings and to change the category of consumer from commercial to domestic and pay Rs.51,000/- as compensation for mental agony alongwith cost of litigation.
3. Being noticed Ops Enzen Global Solutions Pvt Ltd. appeared through their Ld. Counsel Mr. P.K.Samal and Associates, filed written statement on behalf of the Ops. Ops in their written statement challenge the maintainability of the complaint by citing decision of Hon’ble Apex Court and as per the provisions of I.E.Act,2003 and averred that on dtd.29.08.2013,m the officials of Ops conducted the physical verification of the complainant’s premises in his presence and found that complainant is using electricity other than the domestic purposes by using one mixture unit and the Junior Manager(Commerce) exercising power U/S-126 (Q) of I.E.Act,2003 reclassified the category of complainant-consumer from domestic to GPS(Commercial purpose) and the C.D.(connected load) was enhanced from 1 KW to 2.5 KJW and complainant has received the said order. It is also averred that, though the complainant received the order, but did not file any objection within 7 days or preferred any appeal then the order became final as per Electricity Act. Under the circumstances, the Ops seek dismissal of the complaint.
4. Heard the Ld. Counsel for Ops and case of the complainant on merit as non-appeared on behalf of the complainant on date of hearing and case was posted for peremptory hearing. The admitted facts of the case are that complainant was a domestic category of consumer under Ops bearing No.002339708 and the category of complainant, has been reclassified from ‘domestic’ to ‘commercial’ accordingly connected load was enhanced from existing demand of 1 KW to 2.5 KW.
Complainant’s allegations are enhancement of C.D. to 2.5 KW and reclassification of category of consumer from ‘domestic’ to ‘commercial’ from the year 2012 are not within his knowledge. Further, allegations are the rate of charging of 2.5 KW and also disconnection of power supply to the complainant are illegal and arbitrary. Complainant to substantiate his case filed attested xerox copies of monthly energy bill and money receipt as per the list. On the other hand countering the allegations, Ops submissions are that as the complainant was using the electricity other than domestic purposes, which was detected in the physical verification report dtrd. 29.08.2013 conducted by officials of Ops in the presence of complainant-consumer, who put her signature in the PVR. Ops to adduce evidence filed attested Xerox copies of PVR dtd.29.08.2013 and consumer billing statement of complainant. The complaint petition is completely silent regarding conduct of any physical verification dtd.29.08.2013 as stated by the Ops. On the otherhand, when Ops produce the document of PVR conducted on dtd.29.08.2013, which bears the signature of the complainant-consumer. In the allegation and on its counters it appears that dispute relates to ‘unauthorized used of electricity’ which falls within the ambit of U/S-126 of I.E.Act,2003, where the Forum lacks the jurisdiction to entertain the complaint as decided by Hon’ble Apex Court in case of U.P.Power Corpn. and Others-Vrs- Anis Ahemed. It is further clear from the opinion of Hon’ble National commission that even in case of ‘suspect of theft of energy’ Foras have no jurisdiction to entertain the complainant as reported in case of UHBUNL through its SDO,Operation Sub-Division,& Others-Vrs- Sashi Chander reported in 2014(4) CPR,134,NC,part-10.
Now, it is clear that as the allegations are related to ‘Unauthorized used of electricity’ and subsequent action taken by the Ops can’t be challenged in this Forum, If the Complainant-Consumer desires to redress his grievance, he is at liberty to approach the appropriate authority established under the I.E.Act.,2003, and we don’t see and deficiency in service on part of the Ops.
Complainant filed an petition for restoration of power supply premises which was disconnected on dt. 31/12/2015. The said petition is registered as I.A. Case No. 14/2016 which arises out of the present C.C. Case. Considering the ex-parte submission on restoration of power supply, this Forum directed the Ops to restore power supply petitioner premises vide order No. 2 dtd. 24/02/2016,subject to payment of Rs. 1000/-(One thousand only) along with usual reconnection charge. Petitioner on non-compliance of the order dated filed a petition on dt. 11/01/2017 and in the later stage of the proceeding, J.E.Korua Section (OpNo.1) personally appeared before the Forum and assured to restore the power supply and to comply the order dtd. 24/2/2016. During case of hearing Ld. Counsel for Ops apprised this Forum that, the Ops have carried out the order of the Forum by restoring the power supply to the petitioner’s premises, but was ignorant about payment particulars of the order dt. 24/2/16. Considering the submission, we disposed of the I.A. case with direction that if power supply has been restored in the mean time and the petitioner if does not pay the ordered amount, the Ops are at liberty to take lawful action against the Petitioner as per the law.
Accordingly, the C.C.Case is disposed of as per our aforesaid observations, and Complainant-Consumer is at liberty to approach the appropriate authority for reclassification of category of consumer as per the provision, if petitioner-consumer likes to do so he has to apply within one month of receipt of this order, and it is also directed that till filing of the Application before appropriation authority, the Ops are hereby restrained to take any coercive action against the petitioner and petitioner will pay the monthly dues regularly as per the meter reading.
Complaint is disposed of without cost.
Pronounced in the open Court, this 30th day of June,2017.
