The brief fact of the case is that the complainant is a consumer of O.P. No.1, 2 and 3 under commercial category and his contact demand is for 2 KW. The complainant has been paying electricity bills regularly. On dt.25.8.2021 the complainant found that the meter is not functioned and accordingly informed the matter to TPNODL. On dt.3.9.2021 the OP No.2 made a Spot Verification and without going through the previous bills made a provisional assessment of Rs. With fine amounting to Rs.80,602/-. The Op sent a pleader notice to the Ops but in vein. Aggrieved by this act of the OPs the complainant filed this petition before the Commission and prayed to summon the Ops and declare the charges levied by the Ops illegal to direct the Ops to install a new meter.
To substantiate his case the complaint relied upon the following documents:
- Photocopy of provisional assessment
- Photocopy of pleader notice
- Postal acknowledgement of pleader notice
- Photocopy of electricity bills
Notice issued to the O.Ps. The Junior Manager (Legal) of TPNODL appeared on behalf of O.Ps. and filed written version. Heard from both the parties.
In their written statement the Ops admitted that the complainant is a consumer under TPNODL. They stated that this petition is not maintainable before this Commissions as per provisions of the Indian Electricity Act, 2003 and OERC Code 2004 and 2019. The OPs admitted that the petitioner is a consumer availing unauthorized load of 2.5 KW instead of his contact load of 2 kw. The OPs submitted Spot Verification Report. Basing on the Spot Verification Report as per provision of Sec 126 of Indian Electricity Act, Provisional Assessment was made to assess the loss of electricity and opportunity was given to file objection. But the petitioner has not filed objection. Hence the final assessment was made on dt.21.10.2021 for Rs.80,602/-.
The Ops have relied upon the following documents:
- SVR Copy
- Copy of Provisional Assessment
- Copy of Final Assessment
- Copy of Calculation Sheet
Point for determination:
- Whether the Consumer complaint is maintainable?
- Whether O.P.s have made any deficiency of service?
- Whether the complainant is entitled to get any relief as sought for?
FINDINGS
Perused the case record. It reveals that the during the inspection of the verification team the complainant was using electricity bypassing the meter. As per laid down procedure of I.E. Act the OPs have prepared Provisional as well as Final order of Assessment. There is a provision in the I.E. Act that if there is any dispute raised by the petitioner in a proceeding made by the Assessing Officer u/s 126 within 30 days of the said order the petitioner may prefer appeal before the Appellate Tribunal.
In the matter of “Anish Ahammad vrs. U.P. Power Corporation of India” the Apex court has categorically stated that disputes u/s126, Sec 135 to 141 of the Indian Electricity Act are beyond the purview of DCDRC”. Taking into consideration of all the above facts we hold to believe that the O.Ps. have not made any deficiency in service. The complaint petition is not maintainable and the complainant is not entitled to get any compensation as sought for.
ORDERS
The consumer complaint being devoid of merits is dismissed without any cost.
Pronounced the order in the open Commission on this 4thday of August 2023 under seal of the Commission.
