Heard learned Counsel on behalf of appellant.   

    2. This appeal has been filed U/S-41 of Consumer protection Act 2019 (Hearin after called the Act) 2019 against impugned order passed by Learned District C.D.R, Commission, Anugul. The parties are referred to in complaint case may be read as same in this appeal for convenience.

       3.  The case of the complainant in nut-shell is that the complainant is the consumer under the O.P having two consumer numbers. It is alleged interalia that the O.P disconnected the electric supply of the complainant on the ground that the meter is tampered. The complainant alleged that since the meter is O.K, the allegation of the O.P is false.  The O.P supplied penal bill of Rs. 1,43,708/- against consumer No.517-A/09429 and    Rs.2,750.00/- for consumer number 517-A/09895 on the ground that the meter was tampered.However, on being requested they received Rs 30,000/-  for one meter and for another  meter Rs.2,700/-was received. Accordigly electicity supply is reconnected. That the complainant raised objection to such but they took pleas there is no tampering the meter .So the complaint is filed.

      4. O.P filed written version. The O.P verified the meter and found that both meters are tempered. Accordingly both bills were issued and then  Penal bill was issued under provision of electricity Act intiated against the complaint. There is no deficiency in service on the part of O.P.

      5.   After hearing of both parties the Learend District Forum passed the following order:

        “The Complaint petition is allowed. the Opp. Parties are directed to withdraw the penal bill and refund Rs. 32,700.00 ( Rupees thirty two thousand seven hundred) and to pay a compensation of Rs. 3,000,00( Rupees  Three thousand ) and Rs. 1,000,00 ( Rupees one thousand ) towards cost of litigation to the complainant within fifteen days from the data of receipt of this order”.

      6. Learned counsel on behalf of appellant submitted that since it is the matter U/S 126 of the Electricity Act,2003 the complaint is not maintainable. Acording to him the decision of Hon’ble Supreme court of India in the case of U.P Power Corporation Ltd Vs. Annis Ahmad in 2013,SCC2766 would squarely applicable to this case. So Consumer complaint is not    maintainable. Therefore, he submitted to set aside the order and allowing the appeal.

     7. Considered the submission of learned counsel for parties, Perused the DFR and impugned order.

    8. We have gone through the record and verified the report dt.25-06-2008 and 26-06-2008 who show both meters were tampered. It is found that penal bill was imposed and proceeding U/S 126 of the electricity Act, 2003 is initiated against the complainant. In view of the decision of Hon’ble Supreme court of India in U.P Power Corporation (Supra), the   consumer complaints was not maintainable because there is provison under the Indian Eectricity Act, 2003 to make grievance before appropriate authority under the Indian Electricity Act, 2003 because during final bill stage consumer complaint can be redressed and in no way the consumer complaint is maintainable before the Learned Consumer

     Forum, as this case is a clear tempering of the meter. We are of the view that Learned District Froum committed error in law by allowing the appeal when the complaint is not maintainable Therefore, the impugned order is set aside and appeal is allowed.

    Statutory amount be refunded.         

    Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as if copy of order received from this commission.

          DFR be sent back forthwith.