The complainant files a hazira. Today is the date fixed for further admission hearing. Perused the petition of complaint and the document filed by the complainant. Ld. Lawyer appearing for the complainant submits that he took electric connection from the OP 40 years back and has been enjoying the facility by paying the amount time to time as per his consumption. So, the complainant became a consumer under the OP. He further submits that the complainant used to consume electric energy 45 to 50 units per month, since the installation of the said connection for domestic purpose. Further submits that on 11.1.2018 the OP inspected the house of the complainant and brought a charge of theft of electricity. On false pretext and demanded of Rs.10,42,417/- claiming huge unit of 49,250 in total for the period from 10.1.2017 to 11.1.2018. As the OP made a fictitious claim against this complainant for that he made a prayer before the OP but no result. So, the complainant has no other alternative but to file present case before this Forum. It is also submitted that though it is a billing dispute even then this Forum has jurisdiction to entertain the present case. In support of his submission he has cited a decision dt. 17.09.2018 of the State Consumer Disputes Redressal Commission, W.B.S.E.DC.L. vs Praksh Chandra Agarwal.

            Considered this submission and also perused the document filed, wherefrom it appears that in Para-3 of this complaint he has specifically stated that the OP brought the charge of theft (pilferage) of electricity and demand of Rs.10,42,417/- from the complainant. From the document produced, it appears that Balurghat PS Case No.17/18 dt. 11.1.2018 has already been started against this complainant. From the document produced by the complainant, it also appears that the OP demanded the aforesaid amount relating to billing period 10.1.2017 to 11.1.2018. We have gone through the decision cited by the Ld. Lawyer appearing for the complainant but this decision is not applicable in the present case because in the cited decision demand made long after 6 years from the date of disconnection of electricity. We have also gone through the provision of Sec. 56(2) of the Electricity Act, 2003. So, this decision is not applicable in the present case.

            Since, it is a charge of theft of electricity, so, we find that this case is not maintainable before this Forum. We find no merit in the submission of Ld. Lawyer appearing for the complainant, so, we are not in a position to allow the complaint to proceed.  

Hence, it is

                                                O R D E R E D

            that CC No. 78/2018 filed by the complainant stands rejected.