Sk.Abdus Salam, aged about 67 years

S/o: Late Sk.Anisudin

Vill: Badasankarpur, PO/Dist:Bhadrak

PS:Purunabazar

                                          ………………………..Complainant

                (Vrs.)

Sub-Divisional Officer(Elect.)No.01

Bhadrak-cum-Assessing Officer,

Sub-Division- Bhadrak

At: Power House, Bypass, Bhadrak

                                           ………………………….Opp.Party

Order No.17 dt.30.06.2015:

            This complaint has been filed by the Complainant praying to set aside the Provisional Assessment Order No.175 dt.30.05.2014 and Final Assessment Order No.278 dt.30.5.2014. Further, the Complainant has prayed for a direction to O.P. to instal a recognized Meter in his premises and to convert the category of consumer from “Commercial” to “Domestic”.

            The case of the Complainant is that he is a consumer of electricity bearing consumer No.BY-02 COM. Electricity has been consumed since more than sixty years. At its inception, the Complainant was a child and his father and his joint family were the consumer. At that time the consumerism was a commercial one. After demise of Complainant’s father, the commercial activities inside the premises had been stopped. The Complainant requested the O.P.  to convert the category of consumer from “commercial” to “domestic” but the O.P has been collecting the energy charges neglecting the conversion of category of consumer. Complainant is a well known and reputed Social Organizer. Since 1987 his occupied portion of the said premises has been used by his voluntary organization namely “Ashyana- A Society for Weaker Community” and then by the Organization’s sister concern “Swadhar Home & Short Stay Home” under the supervision of the Social Welfare Department of the Government of Odisha and the Government of India under the Chairmanship of the Collector, Bhadrak. According to Complainant the meter installed in his premises has become defunct and despite several requests the O.P. failed to install a new meter and collecting energy charges on average consumption. All of a sudden the O.P. issued a letter containing his order No.175 dt.30.05.2014 claiming Rs.86,454/- towards energy charges as the Complainant’s meter was defective and Complainant was using A.C. etc.. Complainant filed written objection before the O.P. 09.06.2014 and appeared before O.P. on 12.06.2014 for hearing. O.P. having heard the Complainant passed Final Assessment Order No.278 dt.30.06.2014 claiming therein the aforesaid amount of Rs.86,454/- and threatened to disconnect power supply if the amount is not paid within 30 days. Finding no other alternative the Complainant filed this case on 02.08.2014 with the aforesaid prayer.

            O.P. filed written version stating therein that the Complainant is a consumer of electricity bearing consumer No.BY-2(A/c.No.42110202-0091) under commercial category. On 29.05.2014, Vigilance Team of NESCO verified the premises of the Complainant. During verification, it was detected that the Complainant was availing power supply unauthorisedly by enhancing his load i.e. 0.5 KW to 3 KW. Thereafter, proceeding was initiated against the consumer u/s.126 of the Electricity Act,2003. As per provision  of Sec.126, Provisional Assessment order was passed on 30.05.2014 giving opportunity to Complainant  for filing of objection and hearing. After hearing the Complainant Final Assessment order was passed on 30.06.2014. The O.P. further stated that action has been taken against the Complainant u/s.126 of the Electricity Act,2003 and if the Complainant is dissatisfied with the order of Assessing Officer, Appellate Authority is the proper Forum to challenge the Final Assessment Order u/s.127 of the Electricity Act,2003. The Complainant without preferring to bring this matter before appropriate Forum has filed this which is beyond the jurisdiction of the Forum and not maintainable.

            During pendency of this case, the Complainant filed interim petition praying for a direction to O.P. not to disconnect power supply till disposal of the case. According, direction was given to O.P. on 08.08.2014 to maintain status quo till hearing of the case. Authorized Representative of O.P. on 20.10.2014 filed a petition praying for a direction to Complainant to allow them for installation of correct meter in the premises of the Complainant. The said petition was allowed by this Forum having heard both sides on 27.10.2014.

            We have heard the Ld.Counsel appearing for the Complainant and the authorized representative of O.P. The crux of issue is whether this Forum has jurisdiction to entertain the complainant against the assessment made u/s.126 of Electricity Act and the present case is maintainable? Among other things, the Complainant has prayed for a direction to O.P. to install a recognized Meter at his premises. Admittedly, recognized meter has been installed in the premises of the Complainant in his presence. Further, the Complainant has prayed the Forum to set aside the Provisional Assessment and Final Assessment order made by O.P. u/s.126 of Electricity Act. It is no doubt true that against the provisional assessment order No.175 dt.30.05.2014 was passed by the O.P. u/s.126 of Electricity Act,2003 against the Complainant  for availing power supply unauthorisedly by enhancing  load from  0.5 KW to 3.0 KW and that too the meter was defective. Against such provisional assessment the Complainant filed objection before the O.P. After hearing the Complainant Final Assessment order was passed on 30.06.2014 demanding Rs.86,454/- from the Complainant. If at all the Complainant was aggrieved against the Final Assessment order dt.30.06.2014, he should have challenged it u/s.127 of the Electricity Act. Section 127 of the Electricity Act,2003 reads as follows:

“Any person aggrieved by the Final Order made u/s.126 may within 30 days of the order prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the State Commission to an Appellate Authority as may be prescribed”.

Apart from the above, it has been observed by the Hon’ble Supreme Court in the case of U.P.Power Corporation Ltd. & Ors. Vs. Anish Ahemad in Civil Appeal No.5466 of 2012(arising out of SLP(C) No.35906 of 2011) that;

“A complaint against assessment made by assessing Officer under Section 126 or against the offences committed under Sections 135 to 140 of the Electricity Act,2003 is not maintainable before a Consumer Forum”.

When admittedly, assessment has been made u/s.126 of Electricity Act the present complaint is not maintainable before this Forum in view of decision cited above. Further, as regards the prayer of the Complainant for conversion of category of consumer from “commercial” to “domestic”, we may say that the O.P. should consider the case of Complainant as per rule. Accordingly, it is ordered:

                                                         O R D E R

            In the result, the complaint is dismissed on contest against the O.P. as not maintainable. Parties to bear their own costs.