The Complainant filed this case u/s 12 of C.P. Act, 1986 as amended upto date.
The case in brief is that Sri Anukul Mondal, the Complainant is a bonafide consumer of State Electricity under Lalbazar Group Electricity Supply Office, Lalbazar, Bankura (The O.P.) and paid electric bill regularly and since 09-08-2014 he has no due. On 18-02-2016, the O.P. illegally disconnected the electric line of the Complainant and take over the electric meter from the office of the Complainant without any prior information and in absence of the Complainant. For such illegal act of the O.P. the Complainant suffering with irreparable loss in his business and income and facing problem for maintaining his daily need. Finding no other alternative the Complainant filed this case praying for the direction upon the O.P. to restore the electric connection of the Complainant and not to dis-connect the same till the disposal of this case and compensation of Rs.2,00,000/- and other reliefs.
The O.P. contested the case by filing W.V. and contended inter alia that the Complainant filed this case suppressing the original facts. The O.P. also stated that one raid programme has been done by the officials of the electric department and it has been found that the Complainant used the electricity illegally by meter by passing and one FIR has been lodged before Bankura P.S. against him which is pending before the Ld. IVth Additional District Judge Court Bankura.
The O.P. again stated that one assessed bill of Rs 43,424/- has been sent to the complainant but he did not pay any amount. The O.P. further said that for getting relief from the criminal case and the final assessment amount the complainant filed this case and prayed to dismiss the petition of Complaint.
We have carefully gone through the materials on record and the documents filed.
Admittedly, the complainant is a consumer of West Bengal State Electricity Distribution Co. Ltd. and paid eclectic bill regularly. It is also admitted that the complainant has no due of electric bills since 09-08-2014 and he used the electric connection in question for his business purpose.
The only allegation of the complainant is that the O.P. has disconnected his electric connection illegally without any prior intimation and in abscene of him.
In reply the O.P. stated that one raid programme has been conducted at the Complainant’s office on 18-02-2016 by the concerned officials of the electric department along with some technical staff and it has been found that the complainant used the electricity illegally by the matter by passing and for that reason the electric connection has been disconnected and one FIR has been lodged against him before Bankura P.S. for theft of electricity vide FIR No. - Bankura P.S. Case No. 49 of 16 dated 18-02-2016 which is pending before Ld. IVth Additional District Judges Court. The O.P. also mentioned that final assessment bill of Rs.43,424/- has been sent to the Complainant but he did not deposit any amount till now.
In support of his contention the O.P filed one xerox copy of FIR and application for information slip.
We have verified the documents carefully. It is clear from the copy of FIR that one power theft case has been filed before Bankura P.S. vide P.S. Case no.49 of 2016 dated 18-02-2016 and the copy of information slip dated 17-12-2016 shows that a Complaint bearing P.S. Case no.49 of 2016 is pending before the Ld. Additional District Judge IVth Court Bankura and the next date has been fixed on 31-01-2017.
On the other hand the Complainant stated that no power theft case is pending in respect of the service connection in question as he paid all the electric bills but he could not filed any documents to prove that Bankura P.S. Case No.49 of 2016 pending on the allegation of power theft not in respect of the service connection in question. The Complainant is unable to prove his defence.
It has been observed by the Hon’ble Apex Court in (2013) 8 SCC page 491, U.P. Power Corporation Ltd. Vs. Anish Ahmed that “Since this was a case involving allegation of power theft, Consumer Forum had no jurisdiction to entertain the complaint”.
In this regard we have also followed the observation of the Hon’ble National Commission reported in 2017(1) CPR Case No.813 (NC) “Wherever, there is an allegation of power theft complaint under Consumer Protection Act, 1986 in not maintainable”.
In view of above observation of the Hon’ble Apex Court as well as Hon’ble National Commission we have decided that the instant case is not maintainable under C.P. Act,1986 and accordingly, not maintainable in this Forum.
Thus the case fails.
Proper fees have been paid.
Hence, it is
Ordered
That C.C. no.19 of 2016 be and the same is dismissed on contest against the O.P. without any cost.
Let a plain copy of this Order be supplied to the parties free of cost.
