Per Mr P N Kashalkar, Hon’le Presiding Judicial Member

Both the parties are absent.

1.      This appeal is filed by the complainant whose complaint came to be dismissed by order dtd.28.06.2006 passed by the District Consumer Forum, Amravati in CC/171/2005.

2.      The complainant had filed consumer complaint against MSEB in 2005, alleging that complainant was a consumer of MSEB as he was using electricity energy.  On 09.07.2004 all of a sudden the flying squad of MSEB came to his house and behind his back after breaking open the lock of house of the complainant, found that there was theft of electricity energy.  Accordingly, the flying squad  recorded Panchanama, removed the meter and disconnected the electricity supply.  Then on 01.03.2005 they sent bill of `6,740/-.  According to the complainant the charge of theft and bill issued by the o.p. is improper and illegal and therefore, he filed consumer complaint to squash the said bill. 

3.      O.p. filed written statement and admitted that complainant was their consumer and he was getting electric supply from the meter installed in his house by o.p.  They also admitted that on 09.07.2004 all of a sudden the flying squad visited the house of the complainant and found that complainant was committing theft of energy, meter seal was in broken condition, meter was not moving and it was also found that  complainant voluntarily had given electric supply to his neighbour from his electric meter.  Complainant was sanctioned load of 0.5 K.W. but he was using the load of 1.40 K.W.  The meter body was covered with Terminal Cover, T.T. Box, C.T. Box but their seals were found broken and neighbours of complainant Mr. Wankhede, Rathod and Khandare  were getting electric supply from the house of complainant.  

4.      The flying squad, in front of witnesses recorded Panchnama of Joint Inspection, Spot Inspection report and immediately disconnected electric supply of complainant and when complainant was asked to put signature on the said Panchanama report, he refused to put his signature.  Ultimately, o.p. filed criminal complaint against the complainant u/s 135 &138 of Indian Electricity Act.

5.      The o.p. pleaded that as per rule the bill `5,999/- in respect of theft, was sent by registered post to the complainant and he was informed  to pay the bill alongwith compounding charges and reconnection charges to get the electric connection restored.  But complainant refused to accept and pay the said bill and returned it to o.p.   

6.      The Forum below after considering the facts, held that the complainant was guilty in committing theft of electricity energy. The Forum below also turned down the plea of the complainant that behind his back his house was broken open and meter was removed by officials of the o.p. The Forum below also held that there was no deficiency in service on the part of o.p.  Therefore, the Forum was pleased to dismiss the complaint. Aggrieved by the dismissal of complaint, this appeal is filed by the original complainant.

7.      Appellant / original complainant is absent. Respondent is also absent.  We perused the impugned order, dismissing the complaint and find that the order is just & proper and it is sustainable in law. Complainant had committed theft for which he is facing criminal prosecution u/s u/s 135 &138 of Indian Electricity Act before the criminal court and when it is pending before the Criminal Court, he cannot raise the consumer dispute as against the o.p. - MSEDCL. There cannot be consumer dispute, when the complainant himself is guilty in committing the theft of electric energy.

8.      Under the circumstances, we find that the Forum below has rightly dismissed the complaint. We confirm the finding of the Forum and pass the following order:-

ORDER

1.      Appeal is dismissed.

2.      No order as to costs.

3.      Inform the parties accordingly.

Pronounced on 25.04.2011.

sj