Per Shri B.A.Shaikh, Hon’ble Presiding Member.
1. This appeal is filed by the original opposite party (for short O.P) Nos. 1 and 2 against the order dated 30/6/2003 passed by the Additional District Forum Nagpur in C.C.No.149/2003 by which direction has been given to the O.P. Nos. 1 and 2 to restore the electricity supply of original complaint/respondent in appeal as she is not bound by the electricity bill assessed on account of theft of the electricity and to issue bills in future on the basis of actual meter reading and to pay her compensation of Rs.1000/- and cost of Rs 500/-
2. The facts in short which are not disputed are that, the appellants had issued a disputed bill to complainant for Rs.56100/- for the period from March 2002 to August 2003 by assessing the same on the basis of the theft of the electricity. The O.Ps. also produced the documents before the Forum in support of their case that, the electricity meter was tampered with by the complainant and thereby committed theft of the electricity. The complainant had denied commission of theft of electricity by tampering with the meter.
3. The Forum came to the conclusion after hearing both the parties that the O.Ps./appellants failed to prove the theft of electricity.
4. We have heard Advocate of appellant who relied on the decision of Hon’ble Supreme Court in the case of U.P. Power corporation Ltd.. …v/s .. Anis Ahmed,, reported in III (2013) CPJ 1 (SC) in support of his submission that the complaint before the Forum is not maintainable
5. The respondent/original appellant failed to appear before this Commission despite service of notice as seen from acknowledgement of notice received. Therefore appeal is proceeded ex-parte against her. On perusal of the complaint and documents filed on record, it is crystal clear that, the disputed bill was issued as based on theft of electricity. The Hon’ble Supreme Court in the aforesaid case relied on by the learned Advocate of appellant has very specifically observed that, the complaint against assessment made by the assessing officer under sections 134 to 140 of Electricity Act. 2003 and also under section 126 of the said Act is not maintainable before the Consumer Forum. The said decision is applicable to the present case since the disputed bill was also issued as against the assessment made on the basis on the theft of electricity punishable under section 135 of Electricity Act, 2003. The Forum therefore erred in entertaining the complaint and party allowing it. On this sole ground the impugning order deserves to be set aside.
// ORDER //
I) The appeal is allowed.
II) The impugning order is set aside. The complaint stands dismissed.
III) No order as to cost in appeal.
IV) The original complainant/respondent in appeal is at liberty to seek
redressal of her grievance by approaching the appropriate authority under
Electricity Act 2003.
V) Copy of the order be furnished to both parties free of costs.
