The case record is posted today for hearing on the point of admission.

                                         Heard the Advocate for the Complainant. Perused the complaint petition. The Complainant has vividly stated in his complaint petition that when the Complainant was absent in his house, the O.Ps entered into his premises, broken the meter seal and disconnected the meter, which was in good & running condition and took away the same and also provided a new meter. Further, the O.Ps have prepared a spot verification report and enhanced the load from 2.5kw to 13790w.

                                         The Hon’ble Apex Court in a decision reported in III (20213) CLT-55 (SC) in the case of Uttar Pradesh Power Corporation Limited & others –v- Anis Ahmad have been pleased to observed that complaint against assessment made U/s 126 of Electricity Act, 2003 is not maintainable before a Consumer Forum. It is the Civil Court to sit upon the matter with respect to the decision of the assessing Officer. 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, thus, also the complaint against any action taken U/s 135 to 140 of Electricity Act, 2003 is not maintainable before Consumer Forum. By virtue of Section 3 of Consumer Protection Act, 1986 or Section 173, 174 & 175 of Electricity Act, 2003, Consumer Forum cannot drive power to adjudicate a dispute relating 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. In the present case, neither the Complainant complied the assessment order made by the O.Ps nor knocked the door of the Appellate Authority. From the foregoing discussions, it is held that the complaint filed by the Complainant is not maintainable.     

                                         Accordingly, the present case is disposed of as not maintainable.