DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK

Dated the 3rd day of February, 2018

C.D Case No. 57 of 2015

Md. Asraf Alli Khan

S/o: Late Yasin khan

At: Mustafapur

Po: Dobal

Dist: Bhadrak

                                                        ……………………. Complainant

            (Versus)

 1. The S.D.O, Electrical, Dhamnagar

 At/Po/Ps: Dhamnagar

 Dist: Bhadrak

2. The J.E, Electrical, Dhamnagar

At/Po/Ps: Dhamnagar

Dist: Bhadrak

                                                    …………………………..Opp. Parties

For the Complainant: Sri J. Senapati

For the O.Ps: Sri M. Dey

Date of hearing: 06.11.2017

Date of order: 03.02.2018

SRI RAGHUNATH KAR, PRESIDENT

The complainant has filed this complaint against the O.Ps in respect of the deficiency of service caused by them against the complainant. The background of this complaint has been disclosed that the complainant is a consumer Vide No- DG- 4S-849. The complainant has obtained the power supply connection of 1.5 KW & has been paying the revenue regularly. There is no outstanding amount upon the complainant since the year 2000 the meter was distrusted  due to the super cyclone occurred on 1999 for which a new meter was installed in the year 2000. As the previous bill and money receipt prior to the year 2000 wear damaged due to the super cyclone. So the complainant was unable to submit the same before the office of the O.Ps for correction of bill, but the complainant was clearing of the bills regularly to the OP. Due to the increase of the electricity dues since the year 2000 the arrears are pending upon the complainant in the year 2014. Once upon a time the service wire was cut off, due to several request made by the complainant to the O.Ps to connect the said wire but the O.Ps remained silent and were turned deaf towards the prayer of the complainant.

On 30.01.2015 at 12 PM while the complainant had been to masque to attained prayer as the day was Friday, on the direction of the O.Ps their department persons demanded to the wife of the complainant some money and when the wife of the complainant refused to pay, the concerned person disconnected the power supply of the complainant. The complainant after performing prayer when returned to his house he came to know the matter from his wife and asked the local line man about the same but the concerned line man refused to say clearly the matter but on the other hand advised to go to the office. The complainant on the next day went to the office of the O.Ps, where the O.Ps asked the complainant to sign on a printed paper where in the top of it in capital letters this was written “spot verification report etc”. Seven to eight days after the line man handed over the said printed paper to the complainant where some other facts were written and from that the complainant came to know that, the O.Ps have given a false report about consumption of energy by cutting service wire from the meter. The said report is fully surprise and false. If it is to be scrutinized than it will come to light that, the complainant having permitted to consume 1.5 KW of energy is consuming 1.375 KW and the status of the meter is running. The alleged report shows that, the complainant enjoying energy by cutting the service wire but in the space where the column “condition of s/c before wire is there it has been written that,” cut and by pest. The O.Ps have never visited the spot and nothing has been checked on 18.10.2014 the complainant filed a complaint to reconnect the service wire, the O.Ps had done so. At that time no cutting was found in the wire but the O.Ps have alleged that the wire was cut in the month of January- 2015. The series of bills show that the reading of meter regarding energy consumption is 30 to 35 units. The complainant has further alleged that the checkup the service wire which is now affixed with the meter. The O.Ps have disconnected the power supply without service of any disconnection notice of the complainant. Further the O.ps have prepared the next bill on 21.02.2015 after the laps of 52 days. The complainant has been throughn into the injustice and suffering due to the capriciousness of the O.Ps. Hence the complainant has fallen as the victim of deficiency of service. Hence he has taken shelter under this Forum for redressal. The complainant has sought for the relief as follows.

1. To restore the power supply to the premises of the complainant.

2. To exempt the illegal penalty of Rs 20,804/-.

3. To revise the bills and to correct those on that basis.

4. To pay compensation of Rs 10,000/- to the complainant.

5. Others as per the thought of the Hon’ble Forum.

Documents filed by the complainant (Xerox copies).

1. Money receipts of Sept- 2014, Nov- 2014- 2 sheets.

2. Spot verification report on checking of installation of 30.01.2015- 1 sheet.

3. Perception of DR. R.K. Nayak (MD)- 1 sheet.

4. Perception of Dr. N.C. Das- 1 sheet.

5. Report of Alfa Pathology- 1 sheet.

6. Blood report of Alfa pathology- 1 sheet.

7. Case register of Tarini Medical Hall- 1 sheet.

8. Money receipt of MD. Asrasalli Khan- 2 sheets.

9. Money receipt of 23.03.2011, 31.03.2012, 18.11.2013- 3 sheets.

10. Money receipt from Asrasalli Khan on 27.09.2011, on 25.02.2011, 12.03.2011, 27.05.2011, 28.06.2011, 27.07.2011- 6 sheets.    

11. Acknowledgement of NESCO dt. Sept- 2013- 1 sheet.

12. Money receipt of 28.11.2012, 18.11.2013, 30.05.2012, 31.03.2012, 23.12.2012, 24.11.2016, 27.07.2010, 25.05.2010, 24.04.2010, 23.03.2010, 23.01.2010, 23.11.2009, 24.07.2009, 23.05.2009, 26.01.2008, 27.06.2008, 27.05.2008, 23.01.2008, 24.11.2007, 27.03.2007, 22.02.2007, 24.02.2006, 25.03.2006, 25.04.2008, 19.06.2006, 22.01.2005, 22.02.2005, 23.03.2005- 28 sheets.

13. Money receipts of 23.04.2005, 23.06.2005, 23.07.2005, 23.08.2005, 22.09.2005, 22.11.2005, 23.12.2005, 23.01.2004, 23.02.2004, 27.03.2004, 24.04.2004, 23.08.2004, 22.11.2004, 22.12.2004, 23.11.2003, 23.02.2003, 23.03.2003, 22.06.2003, 22.07.2003, 12.09.2003, 23.12.2003- 21 sheets & some other money receipts.

14. Acknowledgement- 1 sheet.

15. Bills of March- 2014 & April- 2014- 2 sheets.

The O.Ps have filed their maintainability petition & written argument analogously. The O.Ps have submitted that the complaint is not maintainable. In the Para No- 2 & 3 of the petitions the O.Ps have admitted the consumership & the arrear of the complainant. They have also averred that the complainant has suppressed the truths. On dt. 31.11.2015 the premises of the consumer was verified and during verification it was detected that the consumer availing power supply unauthorized the cutting the service wire before meter and bypassing a load of 1375 watt or 1.5 KW. After detecting such unauthorized use of electricity, proceeding was initiated against the consumer. The copy of SVR is annexed herewith as ANNRXURE- 1. After verification, the assessing officer passed Provisional Assessment order on dt. 06.02.2015 & Final Assessment order was passed on dt. 16.02.2015 u/s 126 of the Electricity Act, 2003. As per Final Assessment order, Rs 20,804/- is assessed & has claimed in the electricity bill. The copy of Provisional Assessment order & copy of Final Assessment order are annexed herewith as ANNEXURE- 1 & 3. The complaint has been filed by the complainant is to challenge the claim of OP i.e. Rs 20,804/- which is claimed u/s 126 of Electricity Act, 2003. Hence, the dispute is in connection with assessment u/s 126 of the Act, 2003. Further the O.Ps have cited the decision of the Supreme Court of India observed after interpreting of Sec 145 & 147 of the Electricity Act, 2003 that, “after notice of Provisional Assessment to the person included in unauthorized use of electricity, the final decision by an assessing officer, who is a public servant on the assessment of a 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 the CP Act 1986 in Para- 30. In Para- 47 (ii), the Apex Court held that, “a complaint against assessment made by Assessing Officer u/s 126 or against the officer committed u/s 135 to 142 of Act, 2003 is not maintainable before a consumer Forum”. The O.Ps have filed no written version. They have also filed the Xerox copies of some documents on behalf of them as follows.

1. Spot verification report on checking of installation Vide dt. 30.01.2015- Annexure- 1.

2. Provisional order- Annexure- 2.

3. Final Assessment order Vide dt. 16.02.2015- Annexure- 3.

4. Letter No- 1114 (3) to the complainant dt. 06.02.2015.

5. Money receipts 49 sheets.

6. Money receipts 17 sheets.

7. Acknowledgement 8 sheets.

8. Money receipt of Discoms Odisha 16 sheets.

9. Money receipts of NESCO, Odisha 5 sheets.

10. DG4S849 (statements of account) 2 sheets.

OBSERVATIONS

We have already perused the averments of complaint and the maintainability petition filed by both the parties. As well as their documents we have found that on 20.01.2015 the squad party of NESCO visited the sport headed by the verifying officer. They verified the sport and prepared a report of provisional assessment. During the course of verification they detected that the complainant was consuming the electricity energy bypassing the same. The said meter number is NS-6-7635. The complainant was consuming 1375 watt. Hence they prepared a provisional report on 20.01.2015 and handed over the complainant of sport verification. The verifying authority handed over a copy the said report to the complainant on 27.11.2015 and received on signing upon the same. The provisional order number was 1114/14-15. After receiving the provisional order the complainant remained silent, did not take any recourse of law for which the final assessment was made on 06.02.2015 by the verifying authority. It is revealed from the assessment order that the complainant used unauthorized electricity. The verifying authority has described the details of the unauthorized use of electricity. The O.Ps have filed Annexure- 1, 2 & 3 as the proves of provisional assessment & final assessment.

On receipt of the provisional report the complainant did not prefer any alternative steps to estop the final assessment order. After the final assessment is over u/s 126 of the OERC Act, the complainant should have preferred an appeal before the concerned authority. In this connection it is settled by the Hon’ble Supreme Court of India in the case of UP Power Corporation Vrs Anis Ahamaed in civil appeal No- 5466 of 2012, the complaint is not maintainable before the Consumer Forum. The provisional assessment u/s 126 of the Electricity Act was made and criminal case u/s 135 of the Electricity Act, 2003 was lodged. Their being provision u/s 127 of the Electricity Act for filing of appeal against the provisional assessment the CD Case is not maintainable. The present CD case is a prematured one, so we have observed that the complainant should have preferred an appeal before the concerned authority without preferring this CD Case before the Dist. Fora. In the present situation the instant CD case is not maintainable. Hence it is ordered;

ORDER       

 The complaint be and the same is dismissed. The complainant is granted liberty to file appeal U/s 127 of the Electricity Act, 2003 before the appellate authority along with an application for condonation of delay in which even the appellate authority shall deal with the condonation of delay in accordance with law.     

This order is pronounced in the open Forum on this day of 3rd February, 2018 under my hand and seal of the Forum.