Heard learned counsel for the appellant. None appears for the respondent.

2.    Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The case of the complainant in nutshell is that the meter installed in the house of the complainant was defective for which bill was issued on load factor basis up to 13.8.2002. Thereafter, new meter was installed and the complainant was paying the bill regularly. It is alleged inter alia that on 14.12.2003, the complainant paid Rs.10,000/- towards electricity charges to the employees of the OP but no receipt was received. Complainant made objection before the OP. Two bills again were issued on 23.12.2003 and 25.12.2003 for payment of Rs.6,000/- and Rs.4,030/- respectively. It is also alleged that on 25.12.2003 the OP made physical inspection and imposed penal bill of Rs.2,156/-. Complainant finding such imposition of penal bill illegal filed the complaint for setting aside the penal bill showing deficiency in service on the part of the OP.

4.      OP appeared but did not file written version was set ex parte.

5.      After hearing the complainant, learned District Forum passed the following impugned order:-

                             “xxx   xxx   xxx

            Under the above circumstances, the OP has caused severe negligence and deficiency in service by not engaging Electrical inspector during spot verification and calculation of bill of more than six months. Hence, we direct the Op to issue correct bill and adjust the previous bill if taken excess without discontenting the electric line to pay compensation of Rs.2,000/- (Rupees Two thousand) for the harassment caused ad to pay rs.1,000/- (Rupees one thousand) as cost of litigation within one month from the date of receipt of the order.”

6.      Learned counsel for the appellant submitted that learned District Forum committed error in law by not giving opportunity to the OP on being heard. He also submitted that the complainant was found to have been used 3 KW against the contract load of 1 KW. He relied upon the decision of Hon’ble Supreme Court of India passed in U.P. Power Corporation and others Vrs. Anis Ahmad reported in AIR 2013 Supreme Court 2766.  Therefore, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for   the appellant and perused the DFR including the impugned order.

8.      The sole question in this case is whether the penal bill is correctly issued or not.

9.      Complainant challenged the said penal bill. It is for the complainant to prove that such bill was wrongly issued on 25.12.2003. We have gone through the physical verification report prepared by the OP. It appears from the report that the complainant is found to have been used 3 KW energy against the contract load of 0.82 KW. Detail description has been given in the physical verification form about the use of 3 KW. Not only this but also provisional penal bill was issued. Basing on that penal bill issued on 25.12.2003 against that complainant has also made allegation but the final bill has also been issued. Since the complainant is found to have been used more energy than the connected load he is found to have been using energy unauthorisedly as per the definition of OERC Code, 1998. In the decision of U.P. Power Corporation  and others Ld. (supra), it is held that wherever there is unauthorized use of energy or meter tampered or theft of energy the consumer complaint is not maintainable and there is authority under  the Electricity Act and Code to hear the matters. Since the complainant is found to have been used electricity unauthorisedly the consumer complaint is not maintainable.

10.    In view of above discussion, we are of the view that the learned District Forum reached the wrong conclusion for which we set aside the impugned order by allowing the appeal. No cost.

           DFR be sent back forthwith.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.