The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is Sri Jajati Keshari Singh, Asst. Manager (Electrical), Supply Sub-Division-II (NESCO), Sovarampur, O.P No.2 is the S.D.O, Electrical Supply Sub-Divisional-II (NESCO), Sovarampur and O.P No.3 is the Junior Engineer (Electrical), Supply Sub-Divisional-II (NESCO), Sovarampur, Balasore.

                                      2. The case of the Complainant in brief is that the Complainant is a Consumer under the O.Ps bearing Consumer No.06/0051 corresponding to new Consumer No.32103060066 and was paying his electric bills to the O.Ps regularly till the end of 2015 without any outstanding arrears. On 17.02.2016, the O.P No.1 made a spot visit to the premises of the Complainant and detected that the Complainant was availing unauthorised use of electricity to the tune of 6.5 K.W against contract demand of 4 K.W by tampering the meter, the meter body seal and interfered with the internal circuit. The meter was tested and found that the test result is 77.23% and the O.Ps disconnected the power supply. Accordingly, on 25.02.2016, the O.Ps made provisional assessment order of Rs.91,708/- (Rupees Ninety one thousand seven hundred eight) only. So, the Complainant deposited Rs.20,000/- (Rupees Twenty thousand) only along with re-connection charges of Rs.400/- (Rupees Four hundred) only on 18.02.2016 and on the same date, the Complainant availed power supply. But, the arrears remained as Rs.71,217.55 ps. (Rupees Seventy one thousand two hundred seventeen and fifty five paisa) only and Rs.71,703.09 ps. (Rupees Seventy one thousand seven hundred three and nine paisa) only, which reflected in the electric bills for the months of May and June-2016 respectively, which is improper and illegal. The Complainant made a representation on 16.05.2016 for correction of the inflated bills before the O.Ps, but they did not pay any heed to it. Cause of action arose on 22.05.2016. The Complainant has prayed for waiving out of the assessment amount of Rs.71,217.55 ps. (Rupees Seventy one thousand two hundred seventeen and fifty five paisa) only. Neither the Complainant nor his Advocate was present at the time of hearing of this case though the Advocate for Complainant filed hazira.  

                                      3. Though sufficient opportunities were given to O.P No.1, but he has not appeared in this case. The O.P No.1 is also set ex-parte.

                                      4. Written version filed by the O.Ps No.2 and 3 through their Advocate denying on the point of maintainability as well as its cause of action. The O.Ps No.2 and 3 have further submitted that the Complainant approached the O.Ps on 18.02.2016 confessing his guilty of unauthorized use of load around 6.5 K.W against contract demand of 4 K.W by tempering the energy meter and also undertook not to commit such type of illegal activities in future along with a prayer for finalization of Rs.91,708/- (Rupees Ninety one thousand seven hundred eight) only and the Complainant be allowed to pay Rs.20,000/- (Rupees Twenty thousand) only along with current monthly dues. After realising the amount of Rs.20,000/- (Rupees Twenty thousand) only considering the representation, the O.Ps finalized the provisional assessment amount reducing the same amounting Rs.72,455/- (Rupees Seventy two thousand four hundred fifty five) only and which was accepted by the Complainant and on the date of received amount of Rs.20,000/- (Rupees Twenty thousand) only i.e. on 18.02.2016, the O.Ps reconnected the power supply to the premises of the Complainant. So, a sum of Rs.71,281/- (Rupees Seventy one thousand two hundred eighty one) only remains outstanding against the Complainant till today. Though the Complainant assured to make payment all his outstanding, but he did not comply the same, for which the final assessment still remains unshaken and he is not entitled to get any relief as prayed. Thus, the case of the Complainant is liable to be dismissed with cost. The Advocate for O.Ps No.2 and 3 was absent and did not take part in hearing of this case though the Advocate for O.Ps No.2 and 3 filed time petition.                                                       

                                      5. In view of the above averments of both the Parties, the points for determination of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law ?

(ii) Whether there is any cause of action to file this case ?

(iii) To what relief the Complainant is entitled for ?

                                      6. In order to substantiate their claim, the Complainant has filed certain documents, where as the O.Ps have not filed any documents in their support. Perused the documents filed. Neither the Complainant nor his Advocate was present at the time of hearing of this case as mentioned earlier. So, his pleading is his case. According to his pleading, on 17.02.2016, the O.P No.1 made a spot visit to the premises of the Complainant, where he detected that the Complainant was availing power supply unauthorisedly to the tune of 6.5 K.W against contract demand of 4 K.W by tampering the meter, the meter body seal and interfered with the internal circuit. The meter was tested and found that the test result is 77.23% and thus, the O.Ps disconnected the power supply. Accordingly, on 25.02.2016, the O.Ps prepared provisional assessment order of Rs.91,708/- (Rupees Ninety one thousand seven hundred eight) only. So, the Complainant deposited Rs.20,000/- (Rupees Twenty thousand) only along with re-connection charges of Rs.400/- (Rupees Four hundred) only on 18.02.2016 and on the same date, the Complainant has availed power supply. But, the arrears remained as Rs.71,217.55 ps. (Rupees Seventy one thousand two hundred seventeen and fifty five paisa) only and Rs.71,703.09 ps. (Rupees Seventy one thousand seven hundred three and nine paisa) only, which reflected in the electric bills for the months of May and June-2016 respectively, which is improper and illegal. So, the Complainant made a representation on 16.05.2016 for correction of the inflated bills before the O.Ps, but they did not pay any heed to it, for which he has filed this case praying for waiving out of the assessment amount of Rs.71,217.55 ps. (Rupees Seventy one thousand two hundred seventeen and fifty five paisa) only. On the other hand, the O.P No.1 is set ex-parte as mentioned earlier and the Advocate for O.Ps No.2 and 3 did not take part in hearing of this case. So, the pleading of O.Ps No.2 and 3 remains as it is. According to their pleading, on 18.02.2016, the Complainant approached the O.Ps confessing his guilty of unauthorized use of load of 6.5 K.W against contract demand of 4 K.W by tempering the energy meter and also prayed  for finalization of Rs.91,708/- (Rupees Ninety one thousand seven hundred eight) only and the Complainant be allowed to pay Rs.20,000/- (Rupees Twenty thousand) only along with current monthly dues. After realising the amount of Rs.20,000/- (Rupees Twenty thousand) only considering the representation, the O.Ps finalized the provisional assessment amount reducing the same amounting Rs.72,455/- (Rupees Seventy two thousand four hundred fifty five) only and which was accepted by the Complainant and on the same date, the O.Ps reconnected the power supply to the premises of the Complainant. So, a sum of Rs.71,281/- (Rupees Seventy one thousand two hundred eighty one) only remains outstanding against the Complainant till today. The Complainant has neither complied the order nor appealed before the appellate authority, rather filed this case in this Forum. So, when there is an assessment, this Forum has no jurisdiction to entertain the case and the Complainant is at liberty to approach the appropriate authority. However, in view of the authority reported in III (2013) CLT-55 (SC) in the case of Uttar Pradesh Power Corporation Limited & Ors. (Vrs.) Anis Ahmad, wherein it has been held by the Hon’ble Supreme Court of India that complaint against assessment made U/s.126 or action taken against those committing offences U/s.135 to 140 of Electricity Act, 2003, held, is not maintainable before a Consumer Forum. Civil Court’s jurisdiction to consider a suit with respect to the decision of assessing Officer U/s.126 or with respect to a decision of the appellate authority U/s.127 is barred U/s.145 of Electricity Act, 2003. Therefore, it is clear that after notice of provisional assessment to the person alleged to have indulged in unauthorized use of electricity, the final decision by an assessing officer, who is a public servant, on the assessment of ‘unauthorized use of electricity’ is a quasi-judicial decision and does not fall within the meaning of “consumer dispute” U/s. 2(1) (e) of Consumer Protection Act. Offences referred to in Sections-135 to 140 can be tried only by a Special Court constituted U/s.153 of Electricity Act, 2003, hence, also the complaint against any action taken under Sections-135 to 140 of Electricity Act, 2003 is not maintainable before Consumer Forum. By virtue of Section-3 of Consumer Protection Act, 1986 or Sections-173, 174 and 175 of Electricity Act, 2003, Consumer Forum cannot derive power to adjudicate a dispute in relation to assessment made U/s.126, or offences U/s.135 to 140 of Electricity Act, as the acts of indulging in “unauthorized use of electricity” do not fall within the meaning of “complaint” as defined U/s. 2(1) (c) of Consumer Protection Act, 1986.

                                      7. So, now on careful consideration of all the materials available in the case record and on the basis of principle laid down by the above Authority as discussed earlier, this Forum come to the conclusion that this Consumer case is not maintainable in this Forum, for which the Complainant is not entitled for any relief as prayed for and accordingly, this Consumer case is liable to be dismissed. However, the Complainant is at liberty to approach the appropriate authority along with an application for condonation of delay, if desired/ required. Hence, Ordered:-   

                                                     O R D E R

                                          The Consumer case is dismissed on ex-parte against O.P No.1 and on contest against O.Ps No.2 and 3, but in the peculiar circumstances without cost.  

                                          Pronounced in the open Forum on this day i.e. the 10th day of April, 2018 given under my Signature & Seal of the Forum.