ORDER
Date of order: 31-07-2017
Upendra Jha, Member
1. This appeal is directed against the order dated 11-05-2016 passed by District Consumer Forum, Motihari in complaint Case No. 147 of 2014 by which the electric bill of the complainant for Rs. 2, 11,672/- (Rupees two lacs, eleven thousand and six hundred seventy two only) is quashed and has been directed to issue a revised bill of 2K.w. instead of 13 K.w. and electric connection be provided within 15 days to the Hotel Gagan. Further directed to pay Rs. 3000/- as compensation and litigation within 30 days failing which 9% interest will be payable.
.2. Brief facts of this case is that the complainant has been a Consumer of the O.P. since 02-01-2012 of two kilo watt. In the month of August 2013 she received a bill of Rs.2, 833/- and she paid on 23-08-2013. The Executive Engineer team raided the building of the Petitioner with Police party. After that she received a heavy bill of Rs.2, 11,672/- for three months. She approached he concerned officials but no action was taken by O.ps. Then, the complainant filed a complaint before the District Forum. The O.ps.-appellants contested the case. The District Forum passed the impugned order against which this appeal is preferred.
3. Written notes of arguments have been filed by the respective parties. Citations of Hon’ble Apex Court as well as of National Commission have been produced. Heard and perused the District Forum order.
4. The District Forum holding deficiency in service on the part of the O.P.-appellant by issuing an exaggerated energy bill of Rs. 2, 11,672/- to harass the complainant has passed the order. There is no signature of the complainant in the inspection report. The energy connection was disconnected deliberately to harass the Consumer. Hence, it was directed a issue a revised bill on the basis of 2 K.w. and electric connection by restored.
5. The counsel for the appellant submits that the raiding party found a theft of electricity by the complainant in Hotel Gagan. The party assess 13K.w. load instead of 2 K.w. sanctioned load to the complainant. It was assessed under section 126 of the Electricity Act, 2003. She wrongly filed complaint before the District Forum. The Hon’ble Apex Court in the case of U.P. Power Corporation Limited vs. Anish Ahmad reported in (2013) 8 SCC 491,has held that against assessment under section 126 of the Electricity Act,2003, complaint is not maintainable as it is not a ‘Complaint’ under Consumer Protection Act,1986.The complainant ought to had approach appeal under section 127 of Electricity Act. District Forum order is not at all sustainable and it is fit to be set aside and the appeal be allowed.
6. The counsel for the respondent submits that the Hon’ble Apex Court Judgment is not binding in this case. The complaint was maintainable before the District Forum as the complainant has not filed appeal against the assessment under section 126 of the Act. The referred decision is not applicable in this case. District Forum has rightly considered the matter and has allowed the complaint. It needs no interference.
7. Having considered the submissions of parties and on perusal of the order passed by the District Forum, it appears that the District Forum has not considered the provision contained in section 126 & 127 of the Electricity Act-2003 as decided by the Hon’ble Apex Court in the case of U.P. Power Corporation Limited vs. Anish Ahmad reported in (2013) 8 SCC 491.The raiding party constituted by the Executive Engineer raided the premises of the ‘Gagan Hotel’ and found that the Consumer is Committing theft of Electricity. An assessment of energy used by the complainant was made under section-126 of the Electricity Act, 2003 and a heavy bill was issued. The complainant-respondent ought to had filed appeal under section 127 of the Electricity Act, 2003 but she wrongly has filed complaint before the District Forum. District Forum order quashing the energy bill is not sustainable. It is thus set aside and the appeal is allowed.
S.K.Sinha Upendra Jha
President Member
Anita
