Dharamveer complainant has filed this complaint U/s 12 of the Consumer Protection Act of 1986 against the opposite parties praying that his complaint may kindly be accepted with costs and necessary directions may kindly be issued to the opposite parties to exclude the amount of Rs.8,111/- from his bill and received the actual consumption bill from him.  

2.       The case of the complainant in brief is that he has installed an Atta Chakki at G.T. Road, near Cinema, Dhariwal, Tehsil and District Gurdaspur for self employment and earning his livelihood for himself and for his family members and has no other source of income except income received from the above said Atta Chakki and he himself plied the same. It was stated that complainant has installed an electric meter in his Atta Chakki bearing A/c No.G-31SP-831339H and continuing consuming the electricity from the above said connection and regularly paying the electricity bill to the opposite parties and never defaulted in payment of electric charges to the opposite parties. It was further pleaded that opposite parties issued a bill to the complainant on 10.05.2017 amounting to Rs.11,490/- in which they have included Rs.8,111/- as sundry charges and allowances without any prior notice. It was also pleaded that after receiving the above said bill, complainant approached the opposite parties no.2 and 3 and requested them to explain him regarding the amount of Rs.8,111/- which was illegally included in the disputed bill as sundry charges and allowances but they refused to explain the same and threatened that they will recover the above said amount from the complainant under the threat of disconnection of electric connection. It was next pleaded that complainant requested the opposite parties to exclude the amount of Rs.8,111/- included in his bill as sundry charges and allowances and correct his bill and received the actual consumption bill from him and withdraw their illegal threat regarding disconnection but the opposite parties refused to admit the claim of the complainant,  hence this complaint.

3.       Notice of the complaint was issued to opposite parties who appeared through their counsel and filed its written reply by taking the preliminary objections that complainant has filed the false and frivolous complaint with the intention to harass the opposite parties by concealing the material facts from this Hon’ble Forum. Complainant has not approached this Forum with clean hands and suppressed the material facts from this Ld. Forum. Complaint of the complainant is not maintainable in the present form as the complainant has no cause of action to file the present complaint. On merits, it was denied that complainant installed Atta Chakki for self employment and for earning his livelihood. It was admitted that account no. of the complainant is P831/339H. It was denied that opposite parties issued bill dated 10.05.2017 of Rs.11,490/- by including the amount of Rs.8,111/- as sundry charges without any prior notice. It was stated that the electric meter of the complainant was changed vide MCO No.146/3738 dated 02.12.2015 due to ‘D’ Code and the sanctioned load of the complainant is 8.300 K.W. in the month of October 2015 and 2016. It was stated that the opposite parties sent the bill on average basis due to ‘D’ Code but later on opposite parties charged the amount of Rs.3391/- as cost of 688 units for the month of October, 2015 on the basis of the consumption of October, 2014  and charged the amount of Rs.4720/- as cost of 793 units for the month of November, 2015 on the basis of actual consumption of November 2014 and as such opposite parties sent the notice of recovery bearing No.832 dated 29.3.2017 for the recovery of Rs.8,111/-. It was stated that amount demanded by the opposite parties is legal and genuine. All other averments made in the complaint have been denied and lastly prayed for dismissal of the complaint with costs.     

4.      Complainant had tendered into evidence his own affidavit Ex.C-1 and copies of bills and receipt Ex.C2 to Ex.C6 and closed his evidence.

5.       Counsel for the opposite parties had tendered into evidence affidavit of Sh.Subash Chander S.D.O. Ex.OP-1 along with documents Ex.OP-2 to Ex.OP-4 and closed the evidence.

6.       We have heard the parties. However, we find that the impugned demand of Rs.8,111/- has been raised by the opposite parties vide vide notice Ex.OP-4 U/s 126 of Electricity Act being charges for unauthorized use of electricity. As per the law laid down by the Hon’ble Supreme Court of India in case titled as U.P. Power Corporation Ltd. & ORS. Versus Anis Ahmad, (Civil Appeal No.5466 of 2011 decided on 1.7.2013) as reported in III (2013) CPJ 1 (SC), District Forum has no jurisdiction/power to entertain the complaint qua notices issued U/s 126 of Electricity Act. In view of the settled law laid down by the Hon’ble Supreme Court of India present complaint is dismissed being not maintainable. The complainant is at liberty to approach competent court of law and avail remedy as available under the law.

7.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.

                                            (Naveen Puri)

                                                                                                             President.

ANNOUNCED:                                                                           (Jagdeep Kaur)

MARCH. 05, 2018.                                                                                Member                       

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