The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the M.D, NESCO Corporate Office, Balasore, O.P No.2 is the S.D.O (Electrical), Markona Electrical Sub-Division, Markona, Balasore and O.P No.3 is the Executive Engineer (Electrical), Soro Electrical Division, NESCO, Soro, 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.32453 with contract load of 1 K.W and was paying his monthly electric bills regularly up to June-2012 as per consumption and the status of meter is normal. From July-2012 to December-2012, bill amount ranges within Rs.1,000/- (Rupees One thousand) only, but for January-2013, electric bill of Rs.12,113/- (Rupees Twelve thousand one hundred thirteen) only is levied to the Complainant. So, the Complainant approached the O.Ps on several occasions for correction of the bill, but they did not pay any heed to it, rather the O.P No.2 threatened to disconnect the power supply of the Complainant on 25.02.2014, if the sundry amount is not paid. The Complainant has not tampered the meter by any means and the O.Ps have not sent any notice regarding inclusion of sundry amount. The Complainant has prayed for rectification of disputed electric bill along with deduction of sundry amount from the bill and compensation towards harassment.

                                    3.  Though sufficient opportunities are given to the O.P No.1, but he has not appeared in this case. So, the O.P No.1 is set ex-parte.

                                    4.  Written version filed by the O.Ps No.2 and 3 through their Advocate denying on the point of maintainability, jurisdiction as well as its cause of action. The O.Ps No.2 and 3 have further submitted that the verification squad of the O.Ps made a spot visit to the premises of the Complainant on 23.11.2012 and conducted a spot verification in presence of the Complainant, where they detected that the Complainant was availing power supply with a load of 2 K.W unauthorisedly by means of an extra service wire from the nearest L.T pole against contract demand of 1 K.W without knowledge of the O.Ps. The Complainant has refused to put his signature on the spot verification report. So, on the basis of verification report, the provisional assessment has been made vide letter No.1429, dtd.04.12.2012 as per Electricity Act-2003 U/s.126 (I & II) for unauthorized use of electricity. Then, the final assessment order has also been served to the Complainant on dtd.03.01.2013 imposing Rs.10,985.44 ps. (Rupees Ten thousand nine hundred eighty five and forty four paisa) only upon him as penalty. The Complainant has neither appealed before the appellate authority nor approached to any competent authority to settle the matter. So, the present complaint is not maintainable in 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.

                                    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 it is not a case of assessment for unauthorised use of electricity, rather a whimsical, arbitrary bill has been furnished to the Complainant imposing a higher amount to pay. Further, it has been argued that the O.Ps have taken a plea about using of electricity by the Complainant by another service wire, which is not by an authorised connection as service wire is always used for an authorised connection. If there is an authorised connection, there should not be any assessment. If it is an authorised connection of Complainant, it is the duty of the Complainant to show that he is using electricity by an authorised connection. But, any such document has not been furnished in support of it by the Complainant. So, presumption arises about unauthorised use of electricity by the Complainant. On the other hand, it has been argued on behalf of the O.Ps No.2 and 3 that after spot verification, where it was noticed that it was an unauthorised use of electricity by the Complainant, for which spot verification report was prepared and the Complainant has refused to sign in that report. Thereafter, observing all the necessary formalities of Law, the provisional assessment and final assessment was prepared for unauthorized use of Electricity. Then the Complainant has not paid the due amount and approached this Forum for relief though this District Forum has no jurisdiction to entertain the case and the Complainant is at liberty to approach the appropriate authority 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. Perused the documents filed by the O.Ps in view of such assessment. It has been further argued on behalf of the Complainant that no such spot verification report, provisional assessment and final assessment have been received by him. By keeping him dark, the O.Ps have prepared such documents and taking plea of assessment only to harass the Complainant. However, in the Authority of Hon’ble Supreme Court of India reported in III (2013) CLT-55 (SC) as mentioned earlier, where it has been held 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 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 ex-parte against O.P No.1 and on contest against the O.Ps No.2 and 3, but in the peculiar circumstances without any cost.  

                                         Pronounced in the open Forum on this day i.e. the 28th day of December, 2017 given under my Signature & Seal of the Forum.