MRS.RAJASHREE AGARWALLA,MEMBER:-

                        Inflated energy bills and threat of disconnection of power supply are the allegation arrayed against Ops.

2.                Complaint reveals that complainant is a domestic category of consumer under Ops bearing Consumer No.000002050102 which falls within Chhata Section of Kendrapara Electrical Division. It is alleged that one Ashis Ranjan Samantaray,Junior Manager(Commerce) of Enzen Global Solutions Pvt. Ltd. on dtd.31.06.2015 at about 12.30 PM unauthorized entering into complainant’s premises  verified the meter and imposed a fine of Rs.12,763/-. When complainant inquired the said J.M.C. replied that the fine imposed are towards arrear outstandings. Being dissatisfied complainant met SDO,CESU,Kendrapara Division and on the advice complainant deposited Rs.100/- on dtd.08.08.2015 for testing charge of the meter. Accordingly on dtd.31.08.15 the JMC in charge verified the meter in complainant’s premises and assured that the energy bills will be revised from the month of September,2015. It is also alleged that though the complainant was paying monthly energy bills upto month of December,  but the Opp.Parties are threatening to disconnect the power supply for pending illegal arrear dues. Hence, the complaint before the Forum with prayer that a direction may be given to Opp.Parties not to disconnect power supply to prepare the energy bill as per the meter reading, and to withdraw the amount of Rs.12,000/- which are illegally imposed along with cost of litigation Rs.2000/-.

 3.                    Being noticed Ops appeared through their Ld. Counsel and filed written statement challenging the maintainability of the complaint. U/S-145 of the I.E.Act,2003 and citing the decision of the Hon’ble Apex Court in case of U.P.Power Corpn.-vrs- Anis Ahemed reported in OLR-2014(1) (Sc.68) submitting the facts, it is averred that complainant  is a domestic category of consumer uander Ops bearing Consumer No.02050102. The physical verification was conducted by CESU authorities on dtd.23.06.15, the physical verification report(PVR) reveals that consumer is availing power supply by near temple, KITKAT to connect through 15 AMP pluck in his premises which was a unauthorized power supply of parallel hooking and complainant refused to put his signature in the PVR. Accordingly, the Assessing Officer, power conferred U/S-126 of the I.E.Act,2003 passed a provisional assessment of Rs.12,137.38 for unauthorized use of power supply. The copy of PVR and provisional assessment are filed into the case as Annexure-A and B. It is further averred that as consumer does not file any objection within 7 days of receipt of the provisional assessment, the same will be treated as final assessment. In view of Sec.174 and 175 of I.E.Act,2003 Consumer Forums are not empowered to adjudicate the assessment dispute, and under the law of the land Ops are every right to take lawful action against the complainant, hence the complaint devoid of any merit  and is liable to be dismissed.                                                                                

4.           Heard the case, it is an admitted fact that complainant is a domestic category of consumer under Ops bearing Consumer No.02050102.  It is also admitted that complainant’s premises was verified/inspected on dtd.23.06.2015 and an amount of Rs.12,000/- and odd has been imposed on the complainant as penalty. Complainant files this complaint for waive of imposition of penalty and correction of monthly energy dues as per meter reading and correction of energy bill. Without discussing the factual aspect of the case, Ops in their written statement   challenge   the maintainability of the complaint citing the decision of Hon’ble Apex Court in U.P. Power Corpn.-Vrs- Anis Ahemed. It is also stated that as the complainant was indulged in unauthorized use of electricity by availing power supply from a nearby temple accordingly U/S-126 of I.E.Act,2003 a penal amount of Rs.12,137/- has been imposed and this Forum lacks jurisdiction to entertain any complaint  U/S-145,174 and 175 of I.E.Act,2003. In support of their claim Ops filed the copy of the physical verification report(PVR) and provisional assessment order as Annexure A and B. In the circumstances, it is clear that the case in hand relates to an allegation of ‘unauthorised use of electricity’ or ‘suspect theft of energy’. On the opinion of Hon’ble National Commission in case of Jodhpur Vidyut Vitraran Nigam Ltd.-Vrs- Mohit Computers and Electronics reported in 2014(4) CPR 9(NC) and in case of UHBVNL-Vrs-Sashichander reported in 2014(4) CPR(NC) decided that Consumer Forums lacks the jurisdiction to entertain the complaint on allegation of ;theft of energy’ even ‘suspected case of theft of energy’. In the position of law involved in the dispute and on presentation of documents it is clear that the premises of the complainant was verified by the staff of the Ops on dtd.23.06.2015 and it was detected that complainant was availing unauthorized electricity for which the penal amount has been imposed. Hence, as per the position of law this Forum can not interfere in the disputes which relate to U/S-126 of I.E.Act,2003.

                 Further, in the complaint it is categorically states that on deposit of Rs.100/-  on dtd.08.08.15 vide M.R.No.407569 for testing charge of meter the Ops inspected and verified the meter status of the complainant is OK. In addition  to this complainant approached the OP authorities on dtd.04.08.2015 for verification of the meter as it revealed from the Xerox copy of the letter produced by the complainant. Equally it is clear from the copy of the statement of account filed by Ops  and Xerox copy of monthly energy bills from September,2015 that except the monthly energy bills for the month of July and August,2015, the monthly energy bill are prepared on actual consumption basis upto August,2016. On scenario and discussion made above, if the complainant is aggrieved on imposition of penal amount of Rs.12,000/- and odd, the complainant has to approach the appropriate authority for redressal of his grievance. The order in the I.A. Case No.1/16 is hereby vacated with a liberty to complainant to approach the appropriate authority within one month of receipt of the order, till filing of the grievance, if any before the appropriate authority Ops are hereby restraint to take any coercive action against the complainant.

                        Accordingly, the complaint is disposed of without any cost.

                 Pronounced today in the open Court this 25th day of January,2016.