Sri S.K.Sahoo,President.
This is a petition filed by the complainant U/s. 35 of C.P.Act, 2019 for some reliefs.
2. The case of the complainant is that he is a bonafide resident of Meena Bazar nrear FCI Township Talcher..He is running a betel shop ,having electric supply vide Old Consumer No. 505- TC- 0204, corresponding to new Consumer No. 02089587 .He is to receive electric bill on monthly basis and paying the same. The connected demanded load was 0.5K.W (GPS) . In the month of July, 2017 a new tested meter was installed, which was running perfectly. Inspite of the meter was running perfectly the opp.parties raised the monthly bill on average basis for the best known to them There is a small T.V , refrigerator along with a electric ball used by the complainant in his shop . The monthly bill was raised from Rs.300 .00 to Rs.500.00 which was paid by the complainant in time. The total outstanding dues till month of June, 2021 was Rs.5,650.00 . The complainant is running his betel shop to maintain his livelihood. Due to continuous lock down due to Covid-19 , there was remarkable short fall in the income of the complainant, for which he can not able to pay the electric bills in time. On 27.07.2021 without prior intimation suddenly some persons/staffs of the opp.parties came to the shop of the complainant, took his signature on pink pre-printed blank paper in the guise of routine work and asked the complainant to meet opp.party No.1 at Talcher. They did not enter into the premises of the complainant at all nor they was a physical verification fo the betel shop of the complainant. On 02.08.2021 the complainant went to opp.party No.1 in the morning hour, while he was signed some paper relating to the complainant. The complainant came to know that the said paper was prepared by the opp.party No.1 is a physical verification report dtd. 27.07.2021. On the basis of the physical verification report the opp.party No.1 shocked for a provisional assessment of Rs. 2,79,555.00 and called-up the complainant to show cause within a period of seven days. Immediately then and their the complainant submitted a written show cause to opp.aprtyNo.1 who received the same. The opp.party No.1 prepared false documents and issued a wrong assessment order. The opp.parties have adopted unfair trade practice. The meter reader and the line man of the opp.parties were regularly visiting the premises of the complainant for meter reading but they have never noticed or raised any complaint regarding any by-pass of load by the complainant. There was some other houses, over which the service wire of the complainant was pulled by the opp.parties. They might have played the mischief. However, on 04.08.2021 the complainant had gone to the office of opp.party No.1 and requested him to withdraw the huge illegal amount levied upon him but there is no response. On the other hand the concerned line man is threatening to disconnect the power supply to the premises of the complainant. Hence this case.
3. Notices were issued to both the opp.parties through Regd.post with A.Ds on 19.08.2021 . On 13.09.2021 the A.D of opp.party No.1 is available in the case record. There is material before this Commission that notices were served on both the opp.parties. On 13.09.2021 opp.party No.2 filed the show cause and prayed for rejection of the complaint. He has also filed photo copy of some documents such as order passed in a case ( not visible) along with notice No. 745 dtd. 21.07.2021 ,calculation sheet ,physical verification report.
4. The case of the opp.party No.2 is that the complainant bearing Consumer No. 02089587 has connected load of 0.5 K.W under GPS tariff. He is a permanent resident of Meena Bazar near FCI township and availing power supply since long. As per the ledger history of the above consumer he is availing power supply and making payment regularly. As per the action taken under enforcement, the consumer was booked U/s.135 of Indian Electric Act, 2003 through physical verification report No. 852 dtd. 27.07.2021 .The complainant was making unauthorised used of electricity through meter bypass and distributing power supply to 4 to 5 others. The load found by the enforcement staffs was 7.5 K.W .The said consumption was unauthorised. So the enforcement official assessed the penalty amount as Rs.2,79,555.00. As per the guide line of Indian Electric Act, 2003, if the consumer agreed on the final assessment order passed U/s.126 of Indian Electric Act, 2003 he is free to file objection before the Appellate Authority U/s. 127 of Indian Electric Act, 2003 .The assessment U/s.126 by the opp.parties is not coming under the purview of the C.P.Act. The present complaint filed by the complainant is not maintainable. In view of the judgement passed in Appeal No. 5466 of 2012 arising out of SLP (C) 35906 of 2011 of Hon’ble Supreme Court of India.
5. The complaint petition filed by the complainant is supported with affidavit. At paragraph-4 of his complaint petition the complaint has admitted that he is running a betel shop to maintain his livelihood taken electric supply to the said shop bearing Old Consumer No. 505-TC 0240 corresponding to new Consumer No. 02089587 situated at Meena Bazar of FCI Township. It is further alleged that at paragraph-5 that, on 27.07.2021 without prior intimation suddenly some persons/staffs of the opp.parties went to his premises , took his signature on pink pre-printed blank paper on the guise of routine work and asked the complaint to meet opp.party No.1 at Talcher. It is further alleged that on 02.08.2021 the complainant went to Talcher to the office of opp.party No.1 in the morning hour and found the opp.parties were manufacturing the ambiguous physical verification report by utilising the pink pre-printed blank paper signed by the complainant on 27.07.2021 and on the basis of said report opp.party No.1 served a provisional assessment of Rs. 2,79,555.00 and asked the complainant to file his show cause within one days. It is mentioned in the complain petition that the opp.party No.1 received the show cause from the complainant. It is alleged by the complainant that the opp.party No.1 fabricated some documents, basing on which he has assessed an amount of Rs.2,79,555.00 on the complainant. Although the opp.parties did not prefer to appear this Commission to contest the case, a written statement was filed by them on 18.09.2021. In the said written statement the Executive Engineer Electrical i.e opp.party No.2 has mentioned that the consumer was booked U/s. 135 of Indian Electricity Act, 2003 which was based on physical verification report No. 852 dtd. 27.07.2021. It is further stated by the opp.party No.1 that the complainant was making unauthorised used of electricity through meter by pass and supplying to four to five other premises and the enforcement staff found that the complainant was using 7.5 K.W unauthorised. It is also clear from the written statement filed by the opp.party No.2 that an amount of Rs. 2,79,555.00 was assessed as penalty on the complainant. According to opp.party No.2 the present compliant filed by the complainant before this Commission is not maintainable as the assessment has been passed U/s. 126 of Indian Electricity Act, 2003 and the complainant can approach the appropriate Forum i.e Appellant Authority as provided U/s.127 of Indian Electricity Act, 2003.
The opp.party No.2 has filed the copy of the notice No. 745 dtd. 31.07.2021 issued to the complainant by the Assessing -cum- SDO (Electrical) Talcher. He has also filed the photocopy of calculation sheet and physical verification report dtd. 27.07.2021. This being a Case U/s. 135 of Indian Electricity Act,2003 ( U.P.Power Corporation Ltd.& others Vrs. Anis Ahmad) this Commission has no Jurisdiction to decide the dispute between the parties.
6. After going through the written statement and the documents filed by the opp.party No.2 it is clear that this present complaint filed by the complainant is not maintainable before this Commission.
7. Hence the order :-
: O R D E R :
The case be and the same is dismissed .
