Heard learned counsel for the appellant. None appears for the respondent.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The unfolded story of the complainant is that the complainant has got two consumer number having electric connection to his residence. It is alleged inter-alia that the complainant was availing the power of 2 KW of load factor. It is further alleged that 2nd week of June,2007 the complainant received two nos. of notice of provisional assessment for Rs.45,264.00 and Rs.12,224.00 respectively. Thereafter the complainant was asked to show cause on the provisional assessment. Having done so, they have disconnected the electric line for non-payment of such amount. The complainant requested the OP to withdraw the provisional assessment but it was not listened by the OP. So, the complaint was filed.
4. The OP filed written version stating that the complainant now residing the premises but later on their verification on 22.06.2007 they found that the both the meters have been tampered. Therefore, they have issued the provisional assessment bill and started a case U/S-126 of the Indian Electricity Act,2003. Therefore, there is no deficiency in service on the part of the OP.
.5. After hearing both the parties, learned District Forum passed the following order:-
Xxxx xxxx xxxx
“ As per the assessment the complainant was using electricity of 5.5 KW load. The opp.parties have filed the assessment bill from July,2006 to June,2007. The assessment bill is correct. Under the above circumstances, it is concluded that the complainant has not come to the Forum with clean hand. On the otherhand the premises of the complainant was inspected and it was found that he has illegally using electricity. Accordingly, the provisional assessment bill is correct.
Hence ordered :-
The case is dismissed without costs. “
6. Learned counsel for the appellant submitted that learned District Forum has failed to apply judicial mind to the fact of the case because there are two cases and the bill particularly has been supplied for verification of the meter under OERC Code. Since, the provisional bill was not paid, they have disconnected the electric line. Learned District Forum ought to have considered the facts and law involved in this case. She also referred to the decision of Hon’ble Supreme Court in U.P.Power Corporation Ltd.-Vrs-Anis Ahamed AIR 2013 SC -2766 to substantiate her case.So, she submitted to set-aside the impugned order by allowing the appeal.
7. Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.
8. We have gone through the verification report dtd.22.06.2007. It appears that both the meters have been tampered. Accordingly the OP issued the penal bill and case has been filed U/S-126 of the Indian Electricity Act,2003. Learned District Forum has not considered all the facts and law involved in this case. Not only this but also in U.P.Power Corporation(Supra) it has been held that in the event of meter tampering or bypassing of the meter or unauthorized use of energy the consumer complaint is not maintainable. The authority under the Act are to take care of the same Act as per consideration and representation made by the consumer. With due regard to the aforesaid decision, we find that in the instant case the consumer complaint is not maintainable. But learned District Forum has not considered all the facts and law which is liable to be set-aside and it is set-aside.
Appeal stands allowed. No cost.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
Statutory amount be refunded.
