CC 631/15  Kanwar Ranjit Singh     Vs     PSPC

Present: Counsel for the parties.

             We have heard the  ld.counsel for the parties and also minutely gone through the record on file.

As per the averments of the Opposite Party-PSPCL in their written version that the present case is a case of theft of electricity and the Opposite Party-PSPCL has issued notice to the complainant under section 126(6), 135/154 of Electricity Act, 2003, so this Consumer Forum has no jurisdiction to try and decide the present complaint. 

Ld.counsel for the complainant submitted that the Opposite Party  has issued letter dated 12.12.2013 in which they have stated that the theft of electricity case is not related to this meter. Opposite Party has denied that this letter was issued by the competent authority. When proceedings have already been started against the complainant under section 126(6)/ 135 of Electricity Act, 2003 against the complainant, so the Opposite Party has  filed an application for dismissal of the complainant on this ground.

We have heard the ld.counsel for the parties and gone through the record.

The Opposite Party  has categorically stated that the present case relates to theft of electricity at the premises of the complainant at his account No. GT-49/267 and the proceedings under section 126(6)/ 135 and 154 of Electricity Act have already been initiated against the complainant, the Opposite Party  has also produced on record the copy of said notice. Opposite Party  has also submitted that these proceedings under section 135 of Electricity Act, 2003 have already been started against the complainant. All this shows that the present case falls under the head ‘theft of electricity and unauthorized use of electricity’ by the complainant.

In view of the judgment of  Hon’ble Supreme Court in case U.P. Power Corporation Limited & Ors. Vs Anis Ahmad Civil Appeal No.5466 of 2012 decided on 1.7.2013, this Forum has no jurisdiction to try and decide the present complaint because the present case relates to theft of electricity/ unauthorized use of electricity. So, the complaint is not maintainable in this Forum and the same is returned to the complainant with liberty to file the same before the appropriate court/ Forum having jurisdiction. Copies of this order be supplied to the parties free of cost. File be consigned to the record room.   

Dated: 16-03-2016                                                   (Bhupinder Singh)                                                                                                                                                                                                     President

                                            (Anoop Sharma)    (Kulwant Kaur Bajwa)

                                                        Member                           Member