Brief facts of the complaint are that complainant is consumer of electricity vide connection No. X23BD390739N which is running in the name of DSP Police Line and he has been paying the electricity bills regularly.

That complainant received a notice vide memo NO.380 dated 25/2/2009 raising demand of Rs.54564/- as penalty for theft of energy. Whereas the meter of the said connection is installed outside of the quarter of the complainant and there was no chance for committing any theft. Moreover, opposite parties never checked the connection of the complainant nor signatures of complainant or his authorized agent were obtained by the opposite party. Thus the opposite parties have violated the norms of their own Board and sent the illegal notice to the complainant. He requested many a times to the opposite parties to withdraw the above illegal notice but the opposite parties threatened him to disconnect his connection in the event of non payment of abovesaid illegal demand mentioned in the notice. Thus there is deficiency in service on the part of opposite parties against which complainant is entitled to the reliefs claimed.

2. Notice of the complaint was sent to the opposite parties who appeared through counsel and filed written statement.

3. In support of his version complainant has produced in evidence affidavits and documents Ex.C1 to C9.

4. On the other hand opposite parties produced in evidence affidavits and documents Ex.R1 to R14.

5. The complainant has already availed remedy for settlement of his dispute with the competent authority i.e. Deputy Chief Engineer Operation, Kapurthala of the opposite parties Board and his order is Ex.R13 and it is difficult to see as to how complainant has now come to the Forum under Consumer Protection Act complaining deficiency in service.

It is now well settled principle of law as clearly ruled by Hon'ble National Commission in case reported as Gwalior Ice Factor vs. MP Electricity Board 2002 (2) CLT 309 that :

"Where agreement itself provides for settlement

of the dispute-The petitioner availing of the remedy-

The petitioner cannot approach the forum complaining

deficiency in service- District Forum is not an Appellate

Authority over the respondent-Electricity Board-

Complainant held not entitled to get any interest on

amount settled by the respondent-Electricity Board-

Petition dismissed."

In the ultimate analysis of aforesaid discussion, we are of the opinion that District Forum is not an appellate authority over the opposite party Electricity Board. We, therefore, do not find it a fit case to exercise our jurisdiction to adjudicate the matter So the complaint is dismissed with no order as to costs.

Let certified copies of order be sent to the parties without delay and file be consigned to the record room.

Announced : Gulshan Prashar Shashi Narang Paramjit Singh

9.10.2009 Member Member President.