AS PER A.A.JAIN, HON’BLE MEMBER)

            Complainant filed this complaint against Opposite Party  for seeking various relief against Opposite Paties as per prayer clause.

 

1.                  Complainant’s case in short is that  the complainant is doing business by way of self employment  for his livelihood . The electric connection No.430010258612 is in the name of the brother of the complainant but the complainant is using the electric connection being member of Joint Hindu Undivided Family. Therefore the complainant is a consumer.

2.                  The above connection is in the residential premises and in the month of April 2006 the complainant has started the business in the residential premises. The average electri consumption of the complainant is about 100 to 120 units per month, but in the month of August 2006 the current reading was 721 unit and all of sudden the electric meter started showing the excess  reading and in the month of October 2006 the meter shown the reading 9555. The complainant complained to the O.P. regarding faulty meter on 30-10-2006, but the O.P. paid no heed regarding the matter. Then after the complainant had made complaint and request several times to changes the meter before the O.P. but the O.P.neither repaired the faulty meter nor changed the same. Lastly the complainant stopped the payment of electric bills then the O.P. installed a parallel  meter and that parallel meter shown the consumption of 5 units per day.

3.                   On date 04/06/2007 the flying squad of O.P. inspected the premises of complainant and issued a demand bill of Rs.60470/- and threaten to make the payment unless the electric supply will be disconnected. The demand note dated 12-06-2007 is illegal and the complainant has paid bill on average basis.

4.                  The complainant prayed that the demand bill dated 12-06-2007 of the O.P. be quashed and the O.P. be directed to pay Rs.5000/- towards mental and physical agony and Rs.2000/- as the cost of the complaint.(Ex.1).

5.                  In response to notice U/S 13 of Consumer Protection Act., 1986 the O.P. appeared and filed his reply. The O.P. submitted that the O.P. has provided the electric supply in the name  of Ramchand Gurumukhdas Kodwani on residential tariff but the consumer using the electricity for the purpose other than the use of electricity as defined under sub sectiob 6 (b) of Sec. 126 of Electricity Act.2003 . The consumer is using electricity fo “Commercial Purpose” hence he is not a consumer.

6.                  The consumer is using over load electricity i.e. 3.124 K.W. instead of sanctioned load 0.50 K.W. which is offence U/Sub Section 6 (b)(ii) of Section 126 of Electricity Act., 2003 (Doc.2) .The O.P. taken action against the complainant U/S 127 of the Electricity Act.2003., hence any court or authority has no jurisdiction to entertain any proceeding as per section 145 of Electricity Act.,2003. The O.P. further submitted that the complaint is frivolous and misleading and in this circumstances the complaint and application for interim stay deserves to be dismissed.(Ex.8)

7.                  The complainant filed rejoinder (Ex.10) on date 04-08-2007 and submitted that he never went in the laboratory of O.P. hence signing of test report does not arose. However at spot inspection the O.P. has obtained signatures of the complainant on various papers. It seems that the O.P. took  the signature on blank test report and thereafter the same was filled and issued. The complainant further submitted that after complaint regarding faulty meter, O.P. came to check the meter. Therefore the question of meter slow by 57% does not arose on the contrary the meter is fast one and the load is not of 3 K.W.

8.                  On verifying all the records and hearing arguments of both the sides the only point arise for our determination that whether the complainant is entitled for any relief as soughted in the prayer clause and our finding is “Negative” due to following reasons.

                                                                   REASONS

8)                  The complainant has got electric connection for domestic purpose vide meter No. 223883 , Electric Connection No. DL 25861 but the complainant was using this connection for commercial purpose. At the time of routine checking  it was found that the complainant was using overload of 3.124 K.W. instead of sanctioned load of 0.50 K.W. There is a vast difference in the tariff of D.L. and C.L. connection.

9)                  The complainant has submitted that he made complaint regarding faulty meter on 30-10-2006 and the complaint was received on the same date by the O.P.,  but there is no any official seal of O.P. and complainant was silence till 04-06-2007 i.e. about 8 months and the complainant has not send any reminder regarding the faulty meter within this period.

10)              At the time of checking of meter the complainant has signed on the spot inspection report and he has given his consent that (Doc.No.5).

1)                  At the time of actual visit, it is found that the consumer is using residential supply for commercial use.

2)                  The sanctioned load is 0.50 K.W. whereas the actual load using is 3.124 K.W.

3)                  The consumption shown by meter under test & sample meter connected in series will show same consumption of 5 unit/day

Under Test       I.R.26565        F.R.26578       = 13 Unit/2 days = 6.5 Unit/day

Sample             I.R.04              F.R.14             = 10 Unit/2 days = 5 Unit/day

Date                 2/6/07              4/6/07

 

Note : Actual testing to be done at testing lab as per request of consumer and accordingly ready to accept any outstanding actual bills etc. (Doc.5).

 

11)              The complainant has also signed on the seizure memo in presence of panch (Doc.7) and it was written in the remark No.3 that

 

The meter test on the request from consumer and testing done in presence of consumer at M.T.UnitGND U/Sub DN.

 

This report was also signed by the complainant without any protest.

 

12)              The O.P. submitted that this is breach of Sec. 126, Sub Sec.(b)(ii) of Electricity Act., 2003 thus unauthorized use of electricity and due to use of electricity energy for commercial purpose the complainant does not fall under orbit of consumer U/S. 2(d)(ii) of Consumer Protection Act. 1986.

 

13)       The complainant has not filed this complaint with clean hands as the complainant has been using electricity more than the sanctioned load and thus committed violation of Sub Section 6 (b) (ii) of Section 126 of Indian Electricity Act. 2003. Hence not entitled to any relief claimed in the complaint.

 

                        . Hence we proceed to pass following order:

 

                                                                        ORDER