Despite service of notice, the Respondent/Complainant remains unrepresented. Even on the last date of hearing, no one had put in appearance on his behalf. Accordingly, we have heard Learned Counsel for the Petitioner. -2- The short controversy in this Revision Petition is whether or not the Complaint filed by the Respondent before the District Consumer Disputes Redressal Forum at Jhunjhunu (for short “the District Forum”) was maintainable against the raising of additional demands of Rs.25,800/- and Rs.87,084/-, towards unauthorized use of the sanctioned electric load. It appears from the pleadings that the said additional demand was raised against the Respondent by the Petitioner Vidyut Vitran Nigam, on the ground that during the course of an inspection it was found that the Respondent/Complainant was found to be using two electric motor pumps of the capacity of 15hp and 10hp each against a sanctioned load of 20hp. In the order of the District Forum, setting aside the said demand, it is noted that though the connected load had been found to be 25hp but the same could not be treated as “theft of electricity” merely because the Respondent had not deposited the electricity bill for the additional load of 5hp. The State Commission, by a non-speaking order has affirmed the order of the District Forum. In our opinion, in light of an authoritative pronouncement by the Hon’ble Supreme Court in Uttar Pradesh Power Corporation Limited And Others vs. Anis Ahmad, (2013 8 SCC 491), wherein it has been held that
-3- where on an allegation of theft of electricity assessment under Section 126 of the Electricity Act, 2003 is made, a complaint under the Consumer Protection Act, 1986 would not be maintainable. Hence, in view of an allegation of theft of electricity, the Complaint of the Respondent was not maintainable before the Consumer Fora. Consequently, the Revision Petition is allowed; the impugned order is set aside and the Complaint is dismissed. It will, however, be open to the Respondent/Complainant to avail of any other remedy, as may be available to him, for redressal of his grievance. Revision Petition stands disposed in the above terms, with no order as to costs. |
