This is a case U/s.12 of the Consumer Protection Act, 1986 filed by the complainant, Shrabanta Hajra praying direction upon the opposite party as stated in the prayer portion of the complaint petition.

The case of the complainant in short is that he is the consumer of Calcutta Electric Supplier Corporation being Consumer No.65019025009 since long.  The petitioner was not a defaulter.  Surprisingly on 23.04.2016 the men of CESC, LCC Department arrived at the house of the petitioner and disconnected the authentic electricity power at the resident of the petitioner. The petitioner visited the office of the O.P. and paid demand of Rs.31,758/- with a bill reference No.LBB/01099/2016.  On payment of said money the O.P. installed the electricity connection in the house of the petitioner.

That the meter body seal had two sides but the reading officer took photograph of only one side.  As a matter of fact the photograph does not show the breaking of the seal.  That if the consecutive bills of the petitioner are taken into consideration it will be seen and assessed that there was never any tampering of the meter nor there any tampering of the meter on 23.4.2016 or any earlier occasion.

That the act of the CESC on 23.4.2016 cannot be sustained.  The CESC is bound to refund the money of Rs.31,758/- paid by the petitioner only to get restoration of the electricity forthwith.  Finding no other alternative the complainant filed this case before this Forum with a prayer to direct the O.P. to refund of Rs.31,758/- with interest and to pay compensation of Rs.50,000/-.

The O.Ps. contested this case by filing written version denying inter-alia all the material allegations as leveled against them. These O.Ps. submit that this complainant was a consumer under the O.P. No.1 in respect of the domestic supply at 27/A, Dr. P.N. Mukherjee Street, Serampore Chatra, Hooghly-712204. 

These OPs further submit that upon an inspection conducted by the Inspection Team of the Loss Control Cell of CESC Ltd. at the said premises on 23.4.2016 and it was detected that electricity was being unautorisedly used by tampering the meter No.1249151, which is supplied to the consumer.  Upon such detection the electricity supply was disconnected and said meter was put under special LCC Seals and an FIR was lodged to that effect with the Serampore P.S. on the same day.  Simultaneously the aforesaid action taken by the authorized officer of CESC Ltd. in respect of criminal aspect of the matter.  The civil liability of the said consumer was provisionally adjudged by the Assessing Officer by passing the order of Provisional Assessment on the same day i.e. on 23.4.2016.  Thereafter the CESC Ltd. charged for unauthorized use of electricity to the tune of Rs.30,728/-.  The said OPA was served upon the complainant with the information that the consumer could remonstrate against it and he would be afforded a hearing by the Assessing Officer prior to passing the final order.

Upon receipt of the OPA, the complainant approached before the Assessing Officer and expressed his desire to make payment of the entire sum.  The complainant did not at all remonstrate and showed no sign of protest.  In such view of the matter, the Assessing Officer passed the final order of Assessment on Consent on 27.4.2016 and complainant unconditionally paid Rs.31,758/- including charges for unauthorized use of electricity, meter replacement charges of Rs.1000/- and reconnection charges of Rs.30/-.

Upon receiving of such amount the CESC Ltd. supply the electricity to the complainant without any delay.  After restoration of electric supply the complainant has approached this Forum with the instant complaint which is utterly vexatious and frivolous.

Complainant filed affidavit in chief which is nothing but the replica of complaint petition.

Both sides advanced argument and filed written notes of argument which are taken into consideration for passing final order.

 The opposite party being the largest Electric Supply Company throughout Calcutta and its adjoining districts having a lot of offices, power stations, substations and power generating stations decorated with a lot of expert hands and running its business with goodwill for a long period and providing/rendering uninterrupted service in the State capital and its adjoining districts for development of society as well as implementing a lot of Govt. programs. So the role of OP Company for the development of the society is unquestionable.

       The O.P. herein is the District Engineer of CESC having office at Mahesh, P.S.- Srirampur, Dist. - Hooghly  of the largest electric supply company throughout territorial jurisdiction of Kolkata Corporation and adjacent areas. While providing powers throughout its jurisdiction the said Company always try to cater the need of the consumers.

          The case of the complainant is that the opposite party arrived at the house of the petitioner and disconnected the electricity at the residence of the complainant without any notice. The said opposite party went to the residence of the complainant twice for reading the electricity charges for the month of April,2016 and for making allegation of the theft of energy.  The complainant further alleged that on the second visit the OP found that the electric meter was irregular but his family consists of three members and there is no scope to touch the electric meter so there is no question of tampering the meter. He also assailed that the reading officer only took the photograph of one side of the seal of the meter and if the previous bills are to be taken into consideration that there is no instance of tampering the meter in earlier occasion. According to him the act of the OP was of high handedness, arbitrary, authoritative, illegal & fraudulent so the op is bound to refund the money taken during the period of restoration of electricity.

        The opposite party during the period of pendency of this complaint petition filed a petition on 02.05.2017 challenging the maintainability of the complaint in which he assailed that upon an inspection conducted by the inspection Team of the loss control cell of CESC limited at the premises on 23.04.2016 it was detected that the electricity was being unautorisedly used by tampering the meter No.1249151 through which electricity was being supplied to the consumer. Upon such detection the power supply of the complainant disconnected and the said meter was put under special LCC seals and an FIR was lodged to that effect with the Serampore police station on the same day. The aforesaid action was taken by the authorized officer of CESC limited is respect of criminal aspect and for civil liability of the said consumer was provisionally adjudged by the assessing officer by passing the order of provisional assessment dated 23.04.2016 amounting to Rs.30728/-.  The said OPA was served upon the consumer interalia with the information that the consumer could remonstrate against it and he would be afforded a hearing by the assessing officer prior to the passing of the Final Order of assessment. After getting the said OPA the complainant approached the Assessing Officer and expressed his desire to make payment of the entire sum liable to be paid by him while unconditionally accepting the provisional assessment. The Assessing Officer passed the Final Order of Assessment on consent on 27.04.2016 and the complainant unconditionally paid the sum of Rs.31758/- and meter replacement charges of Rs.1000/- and reconnection charge of Rs.30/-. After paying the assessed bill the complainant got his power supply reconnected and elapsing more than three months filed the instant complaint before this Forum alleging the deficiency of service of the opposite party. This Opposite party by referring the decision of Hon’ble Supreme Court in U.P. power Corporation Ltd.& Ors Vs. Anis Ahmed reported at Vol. III (2013) CPJ 1 SC  in which Hon’ble Supreme Court held that  matters relating to theft of electrical energy are not ad judicable under Consumer Protection Act,1986. The contesting OP also assailed that the complainant case is not maintainable before this Forum as the same has been instituted against two of the officers of CESC limited and the Assessing Officer under Sec.126 of the Electricity Act, 2003 who is a statutory authority and none of whom can be said to be service provider in terms of the Consumer Protection Act,1986. Thus the OP prayed to reject the complaint petition.

         It appears from the Xerox copy of letter dated 23.04.2016 in respect written communication before entering the premises for inspecting and/or checking the electric supply lines, meters, fittings, works and apparatus etc that the OP served letter to this complainant by hand and the complainant received the same by putting his signature. The inspection letter dated 23.04.2016 clearly speaks that the seal of the meter found tampered. The provisional assessment bill was served upon the complainant and the complainant failed to make appeal before the Appellate Authority and lastly paid the assessed bill and got his power supply reconnected. The final order of assessment dated 27.04.2016 speaks that final bill is assessed as per the assessed units for unauthorized use of electricity are 0.60x 8760x0.50=2628 units.  So from all the documents of opposite party which the complainant filed during filing the complaint petition speaks that the complainant enjoyed power unautorisedly and by paying the total assessed bill he admitted his fault. Thereafter filed the instant complaint before this Forum.

      Upon a careful consideration this Forum is in the opinion that the complainant is under the charge of offences under sections of Electricity Act, 2003 and he also failed to take the recourse of appropriate Forum as well as appellate Forum in  that respect.  As such this Forum has no jurisdiction to try the cases in relation to theft or pilferage of electricity as it is affirmed by the Hon’ble Supreme Court in U.P. power Corporation Ltd.& Ors Vs. Anis Ahmed reported at Vol. III (2013) CPJ 1 SC . So, the complaint petition filed by the complainant is not maintainable before this Forum.     

ORDER

        Hence, it is ordered that the complaint case No. 129/2016 be and the same is dismissed on contest without cost.

        Let a plain copy of this order be supplied free of cost to the parties/their   Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information & necessary action.