(Passed on 18.12.2013)

Per Mr B A Shaikh, Hon’ble Presiding Member

1.      This appeal is preferred against order dtd. 29.12.2011 passed by District Forum, Amravati in CC/11/115 by which the complaint has been partly allowed.

2.      The case of the complainant as set out in the complaint in brief is that he obtained electric connection from opposite parties (for short “the O.Ps”) to his premises on 06.02.2003.  He paid regularly the electric bills. On 21.12.2010 the officials of the O.Ps made inspection of the power meter of the complainant  and prepared spot inspection report and assessed the bill for Rs.30,086.41 by showing consumption of 3419 recoverable units and also imposed penalty of Rs.60,172/-.  Moreover, in that bill earlier payment of Rs.14,850/- made by the complainant is shown adjusted. The bill was then issued on 01.02.2011 for total Rs.45,320/-.  It is not shown in that bill as to how the said amount is assessed. The complainant therefore wrote a letter to O.P.No.3 to cancel that bill. Thereafter also several requests were made by the complainant to O.Ps to issue the correct bill, but of no use.  Therefore, the complainant prayed that the bill for Rs.45,320/- issued by the O.Ps be cancelled and O.Ps be directed to pay him Rs.20,000/- towards mental harassment and Rs.5,000/- towards cost of the proceedings.

3.      The O.Ps resisted the said complaint by filing their common written version. They submitted that the electric connection was given to the complainant for domestic use but on inspection of his premises it was found that he used the electricity for commercial purpose and therefore spot inspection report was prepared in presence of complainant’s son and his signature was obtained on it.  It is further submitted that the bill has been issued u/S 126 (5) of Electricity Act, 2003 and it is correctly issued. They therefore, submitted that the complaint may be dismissed.

4.      The Forum below after considering evidence brought on record came to the conclusion that the connection was given to the complainant for running dispensary and not for domestic purpose.  It also held that the bill is not issued as per provisions of Sec. 126 of Electricity Act and that the assessment made under disputed bill is incorrect.  Hence, it cancelled the disputed bill of Rs.45,320/- and directed the O.Ps to pay to the complainant Rs.10,000/- towards mental harassment and Rs.1,000/- towards cost of the complaint within one month and also directed that in case of default, the said amount shall carry interest @ 9% p.a.

5.      Feeling aggrieved by that order, the original O.Ps have preferred this appeal. 

6.      We have heard advocates of both the parties finally on 21.11.2013.  We have perused the papers placed before us by both the parties.

7.      The learned advocate of the appellants submitted that the Forum below erred while holding that the bill is not issued as per provisions of Sec. 126 of Electricity Act, 2003. He contended that the Forum had no jurisdiction to decide the complaint as admittedly the assessment has been made in disputed bill vide Sec. 126 of Electricity Act, 2003.  He also submitted that the inspection report also signed by the son of the complainant and it cannot be disputed.  He therefore, urged that the appeal may be allowed and impugned order may be set aside.

8.      On the other hand the learned advocate of the respondent supported the impugned order and submitted that as per provisions Sec. 126(5) of Electricity Act, 2003, the bill can be issued for 12 months only, but the disputed bill is issued for 24 months.  He also submitted that the Forum below has rightly held that the connection was given to the complainant for running dispensary and hence, it cannot be said that the complainant unauthorisely use the electricity for commercial purpose. He therefore, submitted that the bill is illegal and it has been rightly cancelled by the Forum below and therefore, the appeal may be dismissed.

9.      We find that the Hon’ble Supreme Court has now settled the legal position in the case of UP Power Corporation Ltd. & Ors.  Vs. Anis Ahmed, reported in III(2013) CPJ – 1 (SC).  It has been very specifically laid down by the Hon’ble Supreme Court in the said case that a complaint against the assessment made by assessing officer u/S 126 or against offences committed u/S 135 to 140 of Electricity Act, 2003 is not maintainable before Consumer Forum.  In the instant case admittedly the assessment is made by the appellants u/S 126 of Electricity Act, 2003 and therefore, the complaint is not maintainable before the District Forum.  The Forum below, therefore, erred in entertaining the said complaint and partly allowing the same. We, thus, find that as the complaint is not maintainable before the Forum, the impugned order cannot be sustained in the law and hence, it deserves to be set aside.

ORDER

i.                    The appeal is allowed.

ii.                  The impugned order dtd.29.12.20011 passed in CC No. 115/2011 by the Forum below is set aside.

iii.                The complaint stands dismissed.

iv.               No order as to cost in this appeal.

v.                 The complainant / respondent herein is at liberty to seek remedy under the relevant provisions of Electricity Act, 2003 against the disputed bill.

vi.               Copy of this order be supplied to the parties.