The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Executive Engineer (Electrical Gridco), SED, Soro, O.P No.2 is the S.D.O, Electrical, Gridco, Soro and O.P No.3 is Sri Ashok Mahanty, J.E, Electrical Gridco, Anantapur Section, Anantapur, Balasore.
2. The case of the Complainant in brief is that the father of the Complainant was a domestic Consumer under the O.Ps bearing Consumer No.S-II-19503 with contract load of 2.50 K.W. The Complainant after the death of his father is also a Consumer under the O.Ps as legal heir and paying the electric bills regularly to the O.Ps till October-2014. But, the Complainant received an erroneous bill in the month of November-2014, where a sum of Rs.23,970/- (Rupees Twenty three thousand nine hundred seventy) only was imposed as arrear along with current bill, which is illegal. Thus, the Complainant had been to the O.Ps for correction of such illegal bill, but the O.Ps did not pay any heed to it. Accordingly, the Complainant served legal notices to the O.Ps for correction of bill of November-2014. The O.Ps did not correct the said bill, rather threatened to disconnect power supply, provided entire amount will be paid by him, which amounts to deficiency in service by the O.Ps and causing mental agony to the Complainant. Cause of action arose on 24.12.2014 and on 24.04.2015. The Complainant has prayed for correction of impugned bill along with compensation for mental agony. Neither the Complainant nor his Advocate was present at the time of hearing of this case.
3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability as well as its cause of action. The O.Ps have further submitted that the Complainant is a Consumer under domestic tariff having contract demand of 1 K.W load. But, the premises of the Complainant was verified by the concerned Assessing Officer and field staff on 30.08.2014 in presence of the Complainant and it has found that the Complainant was availing power supply to a heater with contract demand of 1.5 K.W in an unauthorized manner by cutting the service wire before meter. Thus, the spot verification report was prepared and the load of the Complainant was enhanced from 1 K.W to 2.5 K.W. Basing on the spot verification report, provisional assessment U/s.126 (2) of Electricity Act-2003 has been prepared for unauthorized consumption for Rs.27,605/- (Rupees Twenty seven thousand six hundred five) only and served to the Complainant vide letter No.1242, dtd.01.09.2014 and informed to file objection if any against the provisional assessment. Accordingly, final assessment order U/s.126 (3) of Electricity Act-2003 was prepared and served to the Complainant vide letter No.1463, dtd.03.10.2014 for Rs.23,970/- (Rupees Twenty three thousand nine hundred seventy) only and asked to clear up the penal bill. But, the Complainant without doing this, has filed this case before the Forum. In addition, a “complaint” against the assessment made by the assessing Officer U/s.126 or against the offences committed U/s.135 to 140 of the Electricity Act-2003 is not maintainable before a Consumer Forum. So, the case of the Complainant is liable to be dismissed.
4. 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 ?
5. In order to substantiate their claim, both Parties have filed certain documents as per list. Perused the documents filed. Neither the Complainant nor his Advocate was present at the time of hearing of this case. So, his pleading is his case. According to his pleading, he has received an erroneous bill in the month of November-2014, where a sum of Rs.23,970/- (Rupees Twenty three thousand nine hundred seventy) only was imposed as arrear along with current bill, which is illegal. Thus, the Complainant had been to the O.Ps for correction of such illegal bill, but the O.Ps did not pay any heed to it, rather threatened to disconnect power supply, if the entire amount will not be paid by him, which amounts to deficiency in service on the part of the O.Ps and causing mental agony to the Complainant. Thus, the Complainant has filed this case praying for correction of impugned bill along with compensation. On the other hand, it has been argued on behalf of the O.Ps that on 30.08.2014, the Assessing Officer and field staff have verified the premises of the Complainant in presence of the Complainant, where they have found that the Complainant was availing power supply to a heater with contract demand of 1.5 K.W in an unauthorized manner by cutting the service wire before meter. Thus, the spot verification report was prepared and the load of the Complainant was enhanced from 1 K.W to 2.5 K.W. Thereafter, observing necessary formalities of Law, provisional assessment U/s. 126 (2) of Electricity Act-2003 was prepared for Rs.27,605/- (Rupees Twenty seven thousand six hundred five) only, which was served to the Complainant vide letter No.1242, dtd.01.09.2014 and accordingly, final assessment order U/s.126 (3) of Electricity Act-2003 was prepared for Rs.23,970/- (Rupees Twenty three thousand nine hundred seventy) only, which was also served to the Complainant vide letter No.1463, dtd.03.10.2014. The Complainant has neither complied the assessment order made by the O.Ps 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.
6. 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 contest against the O.Ps, but in the peculiar circumstances without cost.
Pronounced in the open Forum on this day i.e. the 29th day of May, 2018 given under my Signature & Seal of the Forum.
