Complainant by filing this complaint alleged that op CESC disconnected their electric connection in the bonafide tenant of portion of the complainant in respect of one shop room at 48, Chakraberia Road (South), Bhowanipur, Calcutta – 700025 and complainant has been running the said shop under the name and style “M/s Sanskriti” through their one family member Smt Sima Kanoria and complainant had been paying electricity charges regularly and enjoying the service of electricity.  But the CESC Authority issued the electricity bill month to month according to the meter reading and complainant paid it the average monthly billing was valued range Rs.500/ to Rs.700/- and the meter No.26676958 vide Consumer No.19032232002.

          But all on a sudden on 15.11.2008 op CESC disconnected the meter without any notice and on enquiry the complainant came to know that CESC disconnected service on the ground of using electricity unauthorized manner.  Complainant submitted their version before the Assessment Officer denying the allegations and the complainant assessing the penalty amounting to Rs. 3,13,936/- showing the unauthorized consumption of 365 days x 24 hours.  But it is peculiar enough that as per shop establishment act remains closed once in a week and the business hours of a shop cannot be more than 10/12 hours in a day.  So the entire action on the part of the assessment officer of CESC is illegal and disconnection is also illegal and for the effort of the op the complainant has been suffering and in the above situation complainant has prayed for compensation and for harassing and mental agony.

          On the other hand by filing the complaint complainant prayed for restoration of electric connection which was contested by the op and that matter went up to Supreme Court and Hon’ble Supreme Court directed the op for return of the overdrawn of the complainant subject to payment of 50% of the disputed amount (assessed by the assessment officer) by the complainant and fact remains that the complainant deposited 50% if the disputed amount and complainant got connection and he has not been enjoying.

          On the other hand op by filing written objection submitted that the complaint is not tenable as because the complainant unauthorizedly consumed electricity tampered the line that was disconnected and it was referred to assessment officer who assessed the detail and ultimately as because their inspection the equipment gadgets, machine device found connected the Assistance Officer during inspection record and maintenance the same and came to a conclusion that the complainant indulged unauthorized electricity and for which that electricity charges were charged and in view of the Hon’ble Supreme Court’s judgement, the matter cannot be adjudicated by this Forum.  In view of the mandatory provision of Electricity Act and further submitted that there was no legality and for which the present complaint should be dismissed.

                                           Decision with reasons

          Fact remains that complainant is enjoying the electricity after payment of 50% of disputed amount as assessed by the Assessment Officer in respect of the present electricity line of the complainant.  That was pid by the complainant as per order of the Hon’ble Supreme Court passed in FA No.09/2011 on 15.06.2009.  Now the question is whether any unfair path was adopted by the complainant in enjoying electricity more than of the meter as shown in meter reading units and in this regard no doubt during the pendency of the suit the meter was referred for checking to the School of Materials Science and Engineering  University of Shibpur as per order of this Forum and the said authority i.e. Professor and Director of that establishment submitted a report and stated that the evidences of such tampering get lost since meter loops are cut  off for reason like causing supply of electricity disconnection meter removal etc and for which the Professor and Director of SS of University submitted that no comment can be passed regarding tampering with metering arrangement as alleged and that report was submitted on 16.11.2010.

          But after hearing the fact of both the parties we have gathered that expert failed to give any comment as because the meter was removed from the meter board and without connecting the same such sort of inspection ought to have been hold at the time of continuation of the tampering.  So, we must have to rely upon the judgement of the Hon’ble Supreme Copurt passed very recently in which Hon’ble Supreme Court has already confirmed that against assessment of bill by the assessment officer as per provision of Section 126 of the Electricity Act, it cannot be challenged before the Consumer Forum and Consumer Forum has no authority to decide such claim.

          Fact remains that in this case connection was disconnected by the Assessment Officer as per provision of 126 of Electricity Act and on spot verification they received several items used for the purpose of tampering the electricity connection and used unauthorized electric connection.  So, under any circumstances, the present consumer has no legal authority to challenge such dispute.  But such dispute shall be decided by the Electricity Tribunal as already confirmed and complainant can get relief if he prays before that Tribunal and when he has already paid 50% of the assessment amount but under any circumstances this Forum is without any jurisdiction for determining this particular complaint where there is specific allegation that complainant unauthorisedly enjoying the electricity by using gadgets and other machineries with the present meter and so we are convinced to hold that this complaint is not tenable in the eye of law and in view of the decision of the Hon’ble Supreme Court and for which the present complaint bears no merit in the eye of law but complainant may appear before the Electricity Tribunal for getting relief.

          Hence, it is

                                                      ORDERED

          That the complaint be and the same is dismissed on contest on the ground this Forum has no jurisdiction to decide such dispute under Section 126 of the Electricity Act and in respect of the assessment of bill by the assessing officer under Section 126 of Electricity Act.

          Ld. Lawyer for the complainant submitted that the deposited amount may be returned to the complainant when it was deposited as per order of the Court but we find that under any circumstances, the complainant may not get back the said deposited money in view of the fact the entire matter shall be adjudicated by the Electricity Tribunal and Electricity Tribunal shall decide whether the complainant shall get it or not.