By. Sri. Chandran Alachery, Member:

The complaint is filed under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite parties to cancel the notice dated 27.05.2013 and bill given to the complainants and not to recover any amount as per notice and bill from the complainant and to pay Rs.50,000/- as compensation to the complainants with cost of the proceedings.

2. Brief of the complaint:- The complainant is the owner of the premises and building in which electricity connection is obtained as per consumer No.25393 under 1^st opposite party. The complainant is conducting a hotel in the building named “SAHARA IN”. Even though there are rooms for lodging the complainant not yet started the lodging because the necessary NOC has not been obtained from Vythiri police station. While so the 1^st opposite party on 25.05.2013 inspected the premises of the building and prepared a Mahazer with a copy to the complainant. It is stated in the said mahazer that the complainant connected some electrical equipments in addition to the permitted load. On the basis of the mahazer a notice dated 27.05.2013 along with a Bill for Rs.87,360/- was given by the opposite party to the complainant. In the notice, it is stated that the Bill amount should be paid on or before 18.06.2013. The complainant gave objection. The complainant has not connected the equipments stated in the mahazer and there was no unauthorized temporary extension and use of electricity as stated in the notice and bill. The opposite party did not complying the existing law. Aggrieved by this, the complaint has been filed.

3. On receipt of complaint, notices were issued to the opposite parties and opposite parties appeared before the Forum and filed version. In the version the opposite parties denied material allegations in the complaint. The opposite parties contented that the assessment is made by the assessing officer under section 126 of Electricity Act. As per the ruling of Honorable Supreme Court of India in UP Power Corporation Limited and others V/s Anis Ahammed that a complaint against the assessment under 126 of Electricity Act is not maintainable before the Consumer Forum. So the above complaint is not maintainable before the Forum and is liable to be dismissed. The opposite party further stated that the connection availed by opposite party is a commercial connection and doing commercial activity. The opposite parties also filed an I.A No.211/2013 challenging the maintainability of the complaint since there is express bar of jurisdiction to entertain the above complaint. The assessment is made under 126 of the Electricity Act and a complaint against the assessment under section 126 of electricity Act is not maintainable before the Consumer Forum. Copy of I.A No.211/2013 is served to complainants and the complainants filed counter. In the counter the complainants denied the contentions of the opposite parties and stated that the complainant are coming under the definition consumer and the complaint is maintainable before this Forum.

4. The Forum perused the complaint, versions and I.A 211/2013. The Forum found that the notice issued by the opposite parties are under section 126 of Electricity Act by the Assistant Engineer, Electrical Section, Vythiri. The opposite parties made an inspection in the premises of complainants and the said inspection is admitted by the complainants. The allegation of the opposite parties is that the opposite parties detected unauthorized use of electricity by the complainants. On perusal, it is found that the notice and bill are issued by the opposite parties are under section 126 of Electricity Act. On perusal of mahazer prepared by the opposite parties, it is found that 9 rooms, one store and office room in the building are equipped with electrical equipments in several numbers and using electricity for the functioning of that equipments. The name and number of equipments are also described in the mahazer. These equipments are used with electricity in addition to the connected load. The complainants did not produce any evidence to disprove it. In a ruling reported in CPJ September in part 9, the Honorable National Commission ruled that cases falling under sections 126 and 135 of Electricity Act are not maintainable before Consumer Forum and the consumer should have recourse for redressal of his grievances before appropriate authority under Electricity Act.

5. So by considering this decision and the ruling pronounced by Honorable Supreme Court as described above, the Forum found that the assessment made in this case is under 126 of electricity Act and this Forum have express bar of jurisdiction to entertain this complaint before the Forum.

Since I.A No.211/2013 is allowed, the complaint is dismissed.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 31^st day of October 2014.

Date of Filing:13.06.2013.