Heard learned counsel for both sides.
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 complainant being the lease holder of Sanjukta Stone Crusher availed power supply from the OPs. It is alleged inter alia that on 15.9.2005 the complainant’s meter was burnt due to short circuit of electric wires and on the same day, the fact was intimated to the OPs. On 16.9.2005, OPs verified the electric apparatus and found that the meter was tampered. Thereafter, imposed penal bill of Rs.1,12,965/-. Complainant raised objection before the OPs regarding imposition of penal bill. OPs reduced the penal bill to Rs.24,744/- and directed the complainant for payment. Complainant alleged that since the meter was burnt due to short circuit of electric wire without any overload of complainant, issue provisional bill and thereafter final bill by OPs which amounts to deficiency in service on their part. Thereafter, the complaint was filed.
4. OPs filed written version stating that the meter was tampered and accordingly provisional bill was raised against the complainant. After considering the objection filed by the complainant final bill was issued against the complainant. So, there is no any deficiency in service on the part of the OPs.
5. After hearing both sides, learned District Forum passed the following impugned order:-
“xxx xxx xxx
The OPs are directed not to demand penal bill of Rs.24,744/- for burning of the meter of the complainant dt.15.9.2005 and the amount already paid out of the penal bill shall be adjusted in the future bill.”
6. Learned counsel for the appellants submitted that the learned District Forum has committed error in law by not considering the written version filed by the OPs with proper perspectives. It is submitted that the final bill issued has been accepted by the complainant. So, the complainant has no further cause of action to file the case before the learned District Forum in view of the judgment of the Hon’ble Supreme Court of India in U.P.Power Corporation and others vrs. Anis Ahmad reported in AIR 2013 Supreme Court 2766.
7. Learned counsel for the respondent submitted that the learned District Forum has rightly considered that it was not case of tampering but accidental. However, he supports the impugned order.
8. Considered the submission of learned counsel for both parties and perused the DFR including the impugned order.
9. It is admitted fact that the complainant was using electricity supplied by the OPs. It is not in dispute that on 15.9.2005 there was verification of the apparatus to the unit of the complainant and they found that meter was tampered. Thereafter provisional bill after due consideration of objections final bill was served on the complainant for payment. The main point for consideration whether there is deficiency in service on the part of OPs. The onus lies on complainant to prove above facts. The inventory report shows that the meter was burnt after being tampered. Penal bill has been also issued by the concerned Executive Engineer to complainant to pay amount of Rs.1,12,965/-. Objection by complainant was filed. Thereafter, final bill of Rs.24,744/- was issued on 31.10.2005 directing the complainant for payment. We have found that provisions under OERC Code, 2004 has been followed and u/s 126 of the Electricity Act proceeding has been contemplated against the complainant Therefore, in such case the complaint is not maintainable in view of judgment of the Hon’ble Supreme Court of India in U.P.Power Corporation and others (Supra). The earned District Forum has not applied the decision of Hon’ble Apex Court but was misguided by the facts made by the complainant. Therefore, we are of the view that the finding of the learned District Forum is not sustainable in law and as such, it is set aside.
The appeal stands allowed. 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.
