The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Chief Executive Officer, NESCO, Balasore, O.P No.2 is the Executive Engineer, NESCO, Balasore, O.P No.3 is the Sub-Divisional Officer (Elect), Sub-Division No. II, Balasore and O.P No.4 is the Junior Engineer, NESCO (Januganj Section), Balasore.  

                    2. The case of the Complainant in brief is that the Complainant is a domestic Consumer under the O.Ps bearing Consumer No.BM-41965 with contract load of 2 K.W executing general power of attorney vide No.40061304239, dtd.03.05.2013 executed in favour of his father Sk. Halim @ Rahim, where a portion of the house has been given on rental to the tenants. The staff of the O.Ps on 10.05.2016 demanded Rs.5,000/- (Rupees Five thousand) only to the family members of the Complainant and on refusal, threatened to impose huge amount of penalty. Accordingly, the O.Ps verified the sealed meter box on 13.05.2016 and prepared one illegal report, stating the meter is seized alleging tampered, mentioning that a separate id low bare aluminium wire thereby bypassed the total above verified land without seizing any aluminium wire and forcibly break open the sealed meter box and took away in the absence of the family members of the Complainant. As per the report of the O.Ps about 3 numbers of tenants, mentioning their names also, but nobody signed on the report. Provisional order No.578, dtd.13.05.2016 reveals that the O.Ps illegally imposed Rs.2,03,924/- (Rupees Two lacs three thousand nine hundred twenty four) only. The Complainant had been to the O.Ps, but they did not listen, rather threatened to disconnect electric connection, if he failed to deposit the fine amount immediately. The O.Ps also refused to accept running bill, thereby the Complainant deposited Rs.50,150/- (Rupees Fifty thousand one hundred fifty) only before the O.Ps on 17.05.2016 vide receipt No.312782, but the O.Ps again threatened the Complainant to disconnect electric connection without any reason. Such type of activities by the O.Ps amounts to deficiency in service as well as causing harassment to the Complainant. The Complainant has neither consumed the said energy nor committed any illegal tampering against his connection and prayed for withdrawal of illegal imposed provisional bill, correction of load to 2 K.W from 4 K.W along with compensation for mental agony and harassment. Neither the Complainant nor his Advocate was present at the time of hearing of this case though the Advocate for Complainant has filed hazira.

                    3. Though sufficient opportunities were given to O.P No.1, but he neither appeared nor filed his written version in this case. The O.P No.1 is set ex-parte.

                    4. Written version filed by the O.P No.2 through his Advocate denying on the point of maintainability as well as its cause of action. The O.P No.2 has further submitted that the vigilance squad of the O.Ps verified the premises of the Complainant along with energy meter and connected load on 12.05.2016 and during spot verification, it is observed that 13 nos. of tenants reside in the said premises, where the Complainant was indulged in unauthorized/ illegal use of power supply with a verified load of 4 K.W (approx.) against the contract demand of 2 K.W by tampering the meter by way of cutting the meter body below the terminal and short circuited phase to phase through a separate 1q core bare aluminium wire, thereby, bypassed the load. The spot verification was made in presence of the tenants of the Complainant. The Complainant has been cut for availing power supply in a dishonest manner by tampering the meter during last November-2013. Thereafter, the provisional assessment was made vide order No.578, dtd.13.05.2016 for Rs.2,03,924/- (Rupees Two lacs three thousand nine hundred twenty four) only and the provisional assessment order along with the spot verification report was sent to the Complainant and the Complainant has liberty to represent within 7 days for filing of objection if any, but the Complainant remained silent and failed to file objection. Accordingly, the O.Ps prepared final assessment order vide order No.679, dtd.07.06.2016 for Rs.1,71,029.20 ps. (Rupees One lakh seventy one thousand twenty nine and twenty paisa) only with a liberty to pay the aforesaid amount within 30 days from the date of receipt of this order, which was sent to the Complainant on 17.06.2016. As per Section-127 of Electricity Act-2003, if a final assessment order was passed and any person aggrieved on such order within 30 days of the said order, prefer an appeal in such forum to an appellate authority as may be prescribed. So, the case of the Complainant should be dismissed.

                    5. Though O.P No.3 and 4 appeared in this case, but they have filed their written version beyond the statutory period, for which the written version filed by them is not accepted. The O.P No.3 and 4 are also set ex-parte.

                    6. 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 ?

                    7. In order to substantiate their claim, the Complainant has filed certain documents as per list, whereas 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 though the Advocate for Complainant filed hazira. So, his pleading is his case. According to his pleading, the staff of the O.Ps on 10.05.2016 demanded Rs.5,000/- (Rupees Five thousand) only to the family members of the Complainant and on refusal, they have threatened to impose huge amount of penalty. Accordingly, the O.Ps verified the sealed meter box of the Complainant on 13.05.2016 and prepared one illegal report, stating that the meter is seized alleging tampered and mentioning that a separate id low bare aluminium wire thereby bypassed and also forcibly break open the sealed meter box and took away in the absence of the family members of the Complainant. As per the report of the O.Ps about 3 numbers of tenants, mentioning their names also, but nobody signed on the report. The Provisional order No.578, dtd.13.05.2016 reveals that the O.Ps illegally imposed Rs.2,03,924/- (Rupees Two lacs three thousand nine hundred twenty four) only. The Complainant had been to the O.Ps, but they did not listen, rather threatened to disconnect electric connection, if he failed to deposit the fine amount immediately. The O.Ps also refused to accept the current bill. So, the Complainant deposited Rs.50,150/- (Rupees Fifty thousand one hundred fifty) only before the O.Ps on 17.05.2016, but the O.Ps again threatened the Complainant to disconnect electric connection without any reason, which amounts to deficiency in service as well as causing harassment to the Complainant. Thus, the Complainant has filed this case praying for withdrawal of illegal imposed provisional bill, correction of load to 2 K.W from 4 K.W along with compensation. On the other hand, the O.P No.1, 3 and 4 are set ex-parte as mentioned earlier and the written version filed by O.P No.3 and 4 is not accepted. It has been argued on behalf of the O.P No.2 that the vigilance squad of the O.Ps verified the premises of the Complainant along with energy meter and connected load on 12.05.2016, where they have found that 13 nos. of tenants reside in the said premises, where the Complainant was indulged in unauthorised/ illegal use of power supply with a verified load of 4 K.W (approx.) against the contract demand of 2 K.W by tampering the meter by way of cutting the meter body below the terminal and short circuited phase to phase through a separate 1q core bare aluminium wire, thereby, bypassed the load. The spot verification was made in presence of the tenants of the Complainant and a spot verification was prepared. Thereafter, observing necessary formalities of Law, provisional assessment vide order No.578, dtd.13.05.2016 for Rs.2,03,924/- (Rupees Two lacs three thousand nine hundred twenty four) only was prepared and the provisional assessment order along with the spot verification report was sent to the Complainant and the Complainant has liberty to represent within 7 days for filing of objection if any, but the Complainant remained silent and failed to file objection. Accordingly, the O.Ps prepared final assessment order vide order No.679, dtd.07.06.2016 for Rs.1,71,029.20 ps. (Rupees One lakh seventy one thousand twenty nine and twenty paisa) only, which was also sent to the Complainant on 17.06.2016. 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.

                    8. 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.Ps No.1,3 and 4 and on contest against O.P No.2, but in the peculiar circumstances without cost.  

                         Pronounced in the open Forum on this day i.e. the 11th day of May, 2018 given under my Signature & Seal of the Forum.