This appeal is directed against the order dt.4/2/2002 passed in CC No.60/2001 by the Distt. Forum, Bhandara by which the complaint has been partly allowed. The complainant had filed the complaint against the appellant alleging that he is running the flour mill by taking electric supply from the appellant. However, the appellant presented to him bill for Rs.75000/- by making false allegations of theft of electricity. He, therefore, prayed that the said bill may be set-aside and he may be granted compensation of Rs.25000/- with cost of Rs.5000/-.
The appellant who is the Ori.Opposite party resisted the said claim before the forum below by filing written version. It has raised the main contention that on due inspection of the meter of the complainant, it was found that it was tampered with and the complainant committed theft of the electricity and, therefore, as per sanctioned load, the consumption of the electricity was assessed and disputed bill for Rs.75000/- was issued to the complainant.
The forum below, after considering evidence brought on record held that as the meter was not tested and the Opponent/appellant has not followed the direction given in the circular, and as the assessment of the consumption of the electricity is suspicious and doubtful, it therefore, cancelled the bill for Rs.75000/- and directed the Opponent/appellant to adjust Rs.15000/- in the future bill of the complainant.
Being aggrieved by this order, the Ori.OP has preferred this appeal. We have heard Adv.Savita Upadhye holding for Adv.Smt.S.C.Deo for the appellant. The Resp.already proceeded exparte. We have also perused the papers placed before us.
Undisputedly, the appellant issued the disputed bill showing the assessment of the electricity consumed by the complainant by committing theft of its electricity. The Hon’ble Supreme Court, in the case of U.P.Power Corpn. Ltd. And Ors. Vs. Anis Ahmed in Civil Appeal No.5466 of 2012 decided on 1st of July,2013 has held that the complaint against the assessment made by the assessing officer U/s 126 or against the offences committed U/s 135 to 140 of Electricity Act, is not maintainable before the Consumer Forum. We find that the ratio of the said decision is applicable to the present case. We thus hold that as the complaint was not maintainable, the forum below committed error by passing impugned order against the appellant. Therefore, the appeal eserves to be allowed. Hence the order.
ORDER
The appeal is allowed. The order passed by the Forum below in CC 20/01 by the forum below is set-aside.
The complaint is dismissed.
No order as to costs.
