The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the S.D.O, Electrical, NESCO, Khaira, Balasore and O.P No.2 is the J.E, Electrical, Oupada, Balasore.

                    2. The case of the Complainant in brief is that the Complainant is a bonafide domestic Consumer under the O.Ps with assessed load of 2 K.W and has cleared all electrical dues till March-2014, but he received a notice to pay Rs.18,080/- (Rupees Eighteen thousand eighty) only, causing mental agony since the assessment has no basis. The O.Ps are threatening to disconnect power supply, unless the aforesaid dues are paid, thereby the Complainant approached G.R.F and the O.Ps to regularise the bill, but in vain. Thus, the Complainant approached this Forum and due to baseless assessment and threat to disconnect power supply, the Complainant shall suffer a lot. The Complainant has prayed for compensation for deficiency of service and mental agony along with litigation cost.

                    3. Written version filed by the O.Ps through their Advocate denying on the point of jurisdiction. The O.Ps have further submitted that the premises of the Complainant was verified by the vigilance squad of the O.Ps on 18.07.2012, detected that the Complainant has been availing unauthorisedly 2 K.W load against the contract demand of 0.50 K.W. The spot verification report was prepared and duly signed by the father of the Complainant, a copy of which was served to him. Basing on the spot verification report, provisional assessment U/s.126 of Electricity Act-2003 was prepared for Rs.18,254/- (Rupees Eighteen thousand two hundred fifty four) only, which has been served to the Complainant vide letter No.689, dtd.21.07.2012, giving opportunity to file objection if any against the said provisional assessment passed by the O.Ps. Accordingly, final assessment order has also been served to the Complainant vide letter No.933, dtd.26.09.2012 assessing penalty of Rs.18,254/- (Rupees Eighteen thousand two hundred fifty four) only, which has been debited in the account of the Complainant. Moreover, “a complaint against the assessment made by the assessing officer U/s.126 or against the offences committed U/s.135 to 140 of the Electricity Act-2003 is not maintainable before a Consumer Forum”. The O.Ps prayed for directing the Complainant to clear up all outstanding dues against his Consumer No.68915 vide A/c No.423414030240.

                    4. In view of the above averments of both the Parties, the points for determination of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law ?

(ii) To what relief the Complainant is entitled for ?

                    5. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that the Complainant has cleared all electrical dues till March-2014, but he received a notice to pay Rs.18,080/- (Rupees Eighteen thousand eighty) only, causing mental agony since the assessment has no basis. The O.Ps are threatening to disconnect power supply, if the aforesaid dues are not paid by the Complainant. Thus, the Complainant approached G.R.F and the O.Ps to regularise the bill, but in vain, for which the Complainant has filed this case praying for compensation and litigation cost. On the other hand, it has been argued on behalf of the O.Ps that the vigilance squad of the O.Ps verified the premises of the Complainant on 18.07.2012, where they have found that the Complainant has been availing unauthorisedly 2 K.W load against the contract demand of 0.50 K.W. Thus, the spot verification report was prepared and duly signed by the father of the Complainant, a copy of which was served to him. Thereafter, observing necessary formalities of Law, provisional assessment U/s.126 of Electricity Act-2003 was prepared for Rs.18,254/- (Rupees Eighteen thousand two hundred fifty four) only, which has been served to the Complainant vide letter No.689, dtd.21.07.2012, giving opportunity to file objection if any against the said provisional assessment passed by the O.Ps. Accordingly, final assessment order has also been served to the Complainant vide letter No.933, dtd.26.09.2012 assessing penalty of Rs.18,254/- (Rupees Eighteen thousand two hundred fifty four) only. The Complainant has neither complied the order nor appealed before the appellate authority, rather filed this case in this Forum. So, when there is an assessment, this Forum has no jurisdiction to entertain the case and the Complainant is at liberty to approach the appropriate authority. However, in view of the authority reported in III (2013) CLT-55 (SC) in the case of Uttar Pradesh Power Corporation Limited & Ors. (Vrs.) Anis Ahmad, wherein it has been held by the Hon’ble Supreme Court of India that complaint against assessment made U/s.126 or action taken against those committing offences U/s.135 to 140 of Electricity Act, 2003, held, is not maintainable before a Consumer Forum. Civil Court’s jurisdiction to consider a suit with respect to the decision of assessing Officer U/s.126 or with respect to a decision of the appellate authority U/s.127 is barred U/s.145 of Electricity Act, 2003. Therefore, it is clear that after notice of provisional assessment to the person alleged to have indulged in unauthorized use of electricity, the final decision by an assessing officer, who is a public servant, on the assessment of ‘unauthorized use of electricity’ is a quasi-judicial decision and does not fall within the meaning of “consumer dispute” U/s. 2(1) (e) of Consumer Protection Act. Offences referred to in Sections-135 to 140 can be tried only by a Special Court constituted U/s.153 of Electricity Act, 2003, hence, also the complaint against any action taken under Sections-135 to 140 of Electricity Act, 2003 is not maintainable before Consumer Forum. By virtue of Section-3 of Consumer Protection Act, 1986 or Sections-173, 174 and 175 of Electricity Act, 2003, Consumer Forum cannot derive power to adjudicate a dispute in relation to assessment made U/s.126, or offences U/s.135 to 140 of Electricity Act, as the acts of indulging in “unauthorized use of electricity” do not fall within the meaning of “complaint” as defined U/s. 2(1) (c) of Consumer Protection Act, 1986.

                    6. So, now on careful consideration of all the materials available in the case record and on the basis of principle laid down by the above Authority as discussed earlier, this Forum come to the conclusion that this Consumer case is not maintainable in this Forum, for which the Complainant is not entitled for any relief as prayed for and accordingly, this Consumer case is liable to be dismissed. However, the Complainant is at liberty to approach the appropriate authority along with an application for condonation of delay, if desired/ required. Hence, Ordered:-   

                                                     O R D E R

                         The Consumer case is dismissed on contest against the O.Ps, but in the peculiar circumstances without cost.  

                        Pronounced in the open Forum on this day i.e. the 10th day of May, 2018 given under my Signature & Seal of the Forum.