DATE OF DISPOSAL: 22.04.2024

PER:  SRI SATISH KUMAR PANIGRAHI, PRESIDENT

The fact of the case is that the complainant has filed this consumer complaint Under Section 35 of the Consumer Protection Act, 2019, alleging deficiency in service against the Opposite Parties  (in short the O.Ps.) and for redressal of his grievance before this Commission.

2. The complainant has opened a puncture and pressure checkup/fitting in the name and style of M/s Maa Durga Tyre for his livelihood and self employment purpose. The consumer No.215101350833 and old No. 1HC-1159 having been connected to the complainant’s house and the said consumer number registered in the name of the complainant at Bainchabania main road, Hinjilicut, Dist: Ganjam since long with regard to consuming electricity, the complainant was using the same since long and the complainant was depositing the energy charges soon after receipt of the bill from the O.P. The complainant registered the consumer No.215101350833 which was general purpose connection stands in the name of complainant and on 28.10.2020 the complainant registered another consumer number in his wife’s name Puspanjali Pradhan vide consumer No. 215101351575 , old A/C No. 1HD-4887 which is domestic connection. Due to decrease in the bill amount of the complainant the O.Ps intentionally inspected the house and levied Rs.67,641/- but not mentioned in verification report of the O.Ps. On 13.12.2022 at about 12 A.M. suddenly the O.P.No.1 along with official staff inspected the house of the complainant when the complainant was going to perform worship. The O.P. demanded to the complainant to show the electricity bill of the shop. The complainant has handed over the said electricity bill to the O.P.No.1.  The O.P.No.1 without inform to the complainant opened the meter from the wall and broken the meter seal thereafter fixed said meter where the meter was opened. The O.P.No.1 on 13.12.2022 supply the physical verification report to the complainant and observing in the said report as power supply overloading. The meter was tempered  and a cut sign found on back side of the said meter body and  case is being processed under Electricity Act and after prepare the report  the O.P.No.1  pressures the complainant to put his signature in the said report. The O.P.No.1 instructed to the complainant to deposit the amount of Rs.67,641/- within time, otherwise the electricity connection will be disconnected as per law but no amount in the physical verification report.  The complainant informed about the act of staffs to the O.P.No.1 & 2 but they did not consider the grievance. The entire fact of the event dated 13.12.2022 has recorded in CCTV footage. The complainant has cleared the electricity charges every month and no dues are pending by the complainant. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps not to disconnect the electricity supply to the house of the complainant, to quash the levied amount of Rs.73,274/- by the O.P.No.1, direct the O.P. to pay  compensation of Rs.30,000/- and litigation costs of Rs.15,000/- in the best interest of justice.

3. The Commission admitted the case and issued notice to the O.Ps.

4. The O.Ps filed their written version through their advocate. It is stated that the allegations raised in the complaint of the complainant are all not true and correct and the allegations those are not specifically admitted by the O.Ps are deemed to be denied. The electricity connection having consumer No. 215101350833 stands recorded in the name the present complainant coming under the jurisdiction of the Electrical Sub-Division, Hinjili, TPSODL, Berhampur. The present complaint is filed by both the complainant challenging the provisional assessment made by the assessing officer for Rs.73,274/- and subsequent final assessment and this Commission has no jurisdiction to adjudicate the present dispute being the matter of assessment made under section 126 of the Electricity Act, 2003.  It is false to say that due to decrease of the bill amount of the complainant, the O.Ps intentionally inspected the house of the complainant. On 13.12.2022 during a routine check the technical experts of vigilance team of Electrical Circle Berhampur inspected the meter and service wire in the premises of the consumer No. 2151-0135-0833.  During the course of inspection, the inspection team detected that the present complainant was availing power supply through a tampered meter and team also found a cut sign on back side of meter body. After inspection, the inspection team prepared the inspection report (physical verification report) on the spot and a copy of the said inspection report has been served upon the complainants on the spot who received the same but refused to sign in the original inspection report as a token of acknowledgement. Since the complainant was indulging in unauthorized use of electricity by tampering the meter by cutting the back side of the meter, the assessing officer empowered U/S 126 of the Electricity Act, 2003assessewd the loss caused due to such tampering of meter and unauthorized use of electricity and made provisional assessment order U/S 126 Electricity Act, 2003 for Rs.73,274/- and served said provisional assessment order  along with detail calculation sheet vide Lr. No.VIG/HED/5493 dated 14.12.2022 through registered post to the complainant inviting him to file objection against the provisional ordered within 7 days of receipt thereof and to avail the opportunity of hearing on his objection. The complainant though appeared before the assessing officer but did not file any show cause/objection. Hence after examination of the available document s, the assessing officer made final assessment to the tune of Rs.68,218/- and served the same vide Lr. No.VIG/HED/5027 dated 01.02.2023 to the complainant. As the complainant was failed to deposit the above mentioned final assessment amount, it was added in the electricity bill of the complainant. The complainant has infact no grievance either in regard to any defect or deficiency in supply of electricity; rather he is aggrieved by the action of the assessing officer in drawing the proceeding U/S 126 of the Electricity Act, 2003. Hence such a complaint does not fulfill the essential requirement of either being a consumer within the meaning of Consumer Protection Act as per the directives of the Hon’ble Supreme Court of India. The Electricity Act 2003 itself provides for appellate procedure U/s 127 of the Electricity Act for redressal of any grievance against the final order of assessment as regards to unauthorized use of electricity. The complainant without exhausting the same directly approached the Hon’ble Commission; as such the complaint is not maintainable and liable to be dismissed. The jurisdiction of the commission has also been barred as per the provision of Section 145 of the Electricity Act. So, the complaint case filed by the complainant need to be dismissed in the interest of justice. As per the directives of the Hon’ble Apex Court in Civil Appeal No. 5466/12 in between U.P. Power Corporation vrs Anis Ahmad in which the Hon’ble Apex court has clearly observed that transaction u/s 126 of the Electricity Act does not come within the ambit of “complaint”, and also further observed that “after notice of provisional assessment to the person indulged in unauthorized use of electricity, 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 under section 2(1) (e) of the Consumer Protection Act, 1986. So the Hon’ble DCDRC lacks jurisdiction to entertain the instant case filed by the complainant. Further, our own High Court has also denied the jurisdiction of the District Consumer Forum in cases under Section 126 in W.P.(C) No. 17245/2016, Executive Engineer, SOUTHCO Electrical Circle, Rayagada and another versus DCDRF, Rayagada and another, and in W.P.(C) No. 24478/2017, Superintending Engineer (Elect.), Bhanjanagar and other versus DCDRF, Boudh and another. The complainant had misconceived the facts and mis-used the process of law, as such the present case being devoid of any merit is liable to be dismissed with cost.

4.  On the date of hearing the advocates for both the parties are present. We perused the complaint petition, written version and written argument and the materials placed on it and have also thoughtfully considered the same in interest of the justice.

            Considering the evidences adduced by both the parties, the ops without issuing statutory notice to the complainant entered into the premises and removed the meter without written information to the complainant and tested/inspected the meter at site pre-maturely. But the ops did not provided any photograph of such tampering found mentioned in the physical verification report and also not replaced the meter. While matter is sub-judice, without leave of the Commission the ops arbitrarily finanlised the assessment beyond the period of 30 days from the date of service of provisional assessment order. The entire episode described by the opposite parties is not in consonance with the Reg.111 r/w Reg.165 of the OERC Distribution (Conditions of Supply) Code, 2019. The citation relied upon by the opposite parties is distinguishable and not applicable in the instant case.

In the result, the Commission allowed the Complaint against the opposite parties on contest partly. The opposite parties who are jointly and severally liable to revise the bill of the consumer no.: 2151-0135-0833 the bill period from April 2021 to November 2022 including ED, MMFC and Meter Cost on the basis of the consumption pattern and refund the excess amount with simple interest @ 1% per month by way of adjustment in the subsequent bill from the date of payment of excess amount. The opposite parties are also directed to pay compensation together with litigation cost of Rs.9000/- to the complainant. The opposite parties are directed to carry out the above orders within 45 days from the date of receipt of the order failing which the complainant is at liberty to realize the entire dues from the opposite parties in accordance to the Consumer Protection Act, 2019.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 22.04.2024