DISTRICT CONSUMER DISPUTES REDRESSAL FORUM; BHADRAK

………………….

C.D.Case No.85 of 2014

Sri  Pradip Kumar Panda, aged 39 years,

C/o: Bhadrakali Learning Trust,

At: Gelpur, PO/PS/Dist: Bhadrak

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

            (Vrs.)

Sidhartha Sankar Ray,

Manager-in-charge (Electrical),

North Electrical Division (NESCO), Bhadrak

At/PO/Dist: Bhadrak

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

Order No.28 dt.06.10.2016:

            The date is fixed today for order on the maintainability petition filed by the O.P on 15.11.2014. As such, the matter is taken up for consideration.

The Complainant has filed this case praying for a direction to O.P. to waive out the illegal amount of Rs.1,19,361.27 paise from bill No.100 dt.13.10.2014 and for rectification of bill for the month of July,2014 and September,2014 against bill No.196 dt.14.08.2014 and No.199 dt.13.10.2014 respectively along with compensation of Rs.1,00,000/- from the O.P.

            The case of the Complainant is that he is the caretaker of Bhadrakali Learning Trust and consumer of electricity bearing No.BO-111833 for contract demand of 12 KW. In the month of September,2014 vide bill NO.199 dt.13.10.2014 the O.P. served a  bill upon the Complainant on average basis demanding Rs.1,19,361.27 paise. Again the O.P. served bill No.196 dt.14.08.2014 for the month of July,2014  on provisional basis.  According to Complainant, till June,2014 there was an outstanding of Rs.95,674/- on actual consumption basis. Against the said amount, the Complainant has paid Rs.50,000/- on 26..07.2014 vide receipt No.310727, Rs.50,000/- on  18.09.2014  vide receipt No.330614 and Rs.30,000/- on 30.09.2014 vide receipt No.339351. Despite payments made as above, the O.P. issued bill for Rs.1,29,280.93 paise on 13.10.2014 which amounts to deficiency in  service. The Complainant ran to office of O.P. again and again for revision of bill but the O.P. remained silent. As such, the Complainant suffered from mental agony for which he has claimed compensation from O.P besides revision of bills.

            O.P.  challenged the maintainability of the present complaint in view of the decision of the Hon’ble Apex Court in the case of U.P. Power Corporation & Others Vs. Anish Ahamad as the Complainant was indulged in pilferage of electricity in an unauthorized manner by tampering all seals including body seal of meter. Further, one side of meter was found broken which invited penal action u/s.126 of the Electricity Act.  According to O.P. the Complainant suppressing the material fact filed the present case. The premises of the Complainant was inspected by the representative of NESCO and O.P. on 05.08.2014 in presence of the representative of Complainant. The representative of the Complainant refused to sign on the spot verification report on checking of installation. Therefore, the aforesaid report was affixed in front of the premises of the Complainant. To realize the loss of the O.P., provisional assessment order was made by the assessing Officer-cum-Executive Engineer, BNED, Bhadrak vide letter No. 5560(3) dt.08.08.2014 granting liberty to Complainant to file objection, if any.

            On the interim petition filed by the Complainant, this Forum directed the O.P. vide its order dt.28.10.2014 not to disconnect the power supply to the premises of the Complainant.

            O.P. has filed copy of spot verification report dt.05.08.2014, provisional assessment order No.27/2014-15 dt.05.08.2014 and final assessment order No.5711 dt.11.08.2014 in this case on 30.05.2016.

            Observations made in the Spot Verification Report dt.05.08.2014 are as under:

“The above consumer is availing unauthorized load by tampering all seals including body seal of meter. One side of meter found broken. So assessment to be made as per Section 126  and as per supply to be disconnected as per regulation 34,46 and 72”.

Provisional assessment order dt.054.08.2014 reveals amount to be chargeable to the tune of Rs.4,38,417.41 paise from the Complainant for such unauthorized use of power with a request to attend the office of Assessing Officer on 11.08.2014 at 11 AM for hearing the matter. Final assessment order has been passed by the Executive Engineer-cum-Assessing Officer on 11.08.2014 u/s.126(3) of Electricity Act,2003 for unauthorized use of electricity imposing penalty of Rs.1,29,280.93 paise on the Complainant.

            Ld.Counsel for O.P. pressed hard for disposal of the maintainability petition at the outset, filed by him on 15.11.2014, citing the verdict of the Hon’ble Apex Court in the case of U.P.Power Corporation Ltd. Vs. Anis Ahamed & Ors. It is crystal clear that Final Assessment has been made by the Assessing Officer of O.P. on 11.08.2014 u/s.126(3) of the Indian Electricity Act,2003  imposing penalty of Rs.1,29,280.93 paise on the Complainant. Under the above premises, we perused the Judgment passed by the Hon’ble Supreme Court in Civil Appeal No.5466 of 2012 (U.P.Power Corporation Ltd. & Ors. Vs. Anis Ahmad & Ors). It has been clearly stated in para-47(ii) of the said judgment that;

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

Further, it has been stated in para-35 of the said judgment that;

“From a bare reading of Section 126 and Sections 135 to 140, it is clear that while acts of “unauthorized use of electricity” attract civil consequence of penal charge of electricity, twice the rate of electricity, for which assessment is made by assessing officer under Section 126. The very same acts of “unauthorized use of electricity” , constitute “offences” under Section 135 to 140 for which sentence and fine has been prescribed”.         

            While going through the record, it is found that spot verification report on checking of installation was made by the O.P on 05.08.2014.  On the basis of spot verification report, provisional assessment of Rs.4,38,417.41 was made u/s.126 of Indian Electricity Act,2003  and communicated to Complainant vide letter No.5560(3)  dt.08.08.2014. Thereafter, final assessment of Rs.1.29,280.93 paise was made by O.P and communicated to Complainant vide letter No.5711 dt.11.08.2014. In that view of the matter, when assessment has already been made by the assessing officer u/s.123(3) of Indian Electricity Act,2003 we decline to proceed further with the case. The maintainability petition filed by the O.P. is allowed and ultimately the case is dismissed as not maintainable before this Forum under the provisions of the C.P.Act. Parties to bear their own costs.