DATE OF FILING-22.2.2013
DATE OF DISPOSAL-20.2.2014
O R D E R
Miss S.L.Pattnaik,President
The complainant namely Smt.S.Laxmi has filed this complaint case under Section 12 of the Consumer Protection Act,1986 against the Opposite Parties ( in short the O.Ps) challenging the notice of assessment issued by O.Ps. She stated that she is a consumer of domestic electricity connection bearing Consumer No.2-M-50 and new Account No.34110120735. It is alleged that to avail the electricity connection, she purchased a tested meter bearing Serial No.854600,make- Pal Mohan, Date of test 8.6.2011/Test Serial No.MTLBAM-6006 having meter sealed with 7072764 and 6014751 from M/s. Sri Ganesh Electricals bearing cash/credit bill No.36 dt.22.6.11 for Rs.1450/- and the said meter was tested by the O.P.No.4. Thereafter, the complainant handed over the said tested meter to O.P.No.3 on dt. 22.6.2011 for installation and accordingly the O.P. No.3 installed the said meter in the house of the complainant on dt. 30.6.2011. But unfortunately, the Opposite Party got his premises inspected by its team and subsequently sent a notice bearing No.6691 to her on dt.27.11.2012 by preparing a fictitious inspection/checking report and falsely implicated the complainant that he was unauthorisedly used the electricity by tampering the meter demanding a sum of Rs.58,582/- by issuing a provisional assessment order u/s 126(2) of Electricity Act. So being aggrieved she prayed to direct the O.Ps to quash the final amount and prayed for compensation towards mental agony, harassment and litigation cost along with other reliefs.
2- The complainant further submitted that the Electricity Bill vide Annexure-I for the month of December,2012 on 27th January,2013 issued by O.P. did not display any outstanding dues against the complainant and the Bill also discloses that the meter status of the complainant is normal/O.K. So the issue of provisional assessment order is only to fulfill the commercial interest as well as to collect the huge amount from the complainant by taking advantage of innocence and helplessness of a widow lady on dt. 3.2.2013 the staff of the O.P.No.3 also threatened the complainant to disconnect the power supply to her house if the arrear amount will not be paid.
In support of her case she has filed the following documents:
Xerox copy of the Electricity Bill for the month of Dec.,2012.
Xerox copy of the Cash/credit bill dt. 22.6.2011
Xerox copy of the meter testing report.
Xerox copy of thereport of meter inspection and load census.
Xerox copy of the provisional assessment.
Xerox copy of provisional assessment order No.379 dt.29.11.2012
Xerox copy of provisional order (schedule) dt. 29.11.2012
Money receipt of deposit book/receipt No.2245026 dt.30.1.2013
Orissa Electricity Regulatory; Commission Distribution(Conditions of Supply)Code,2004
The electricity Act 2003(Amended 2007)
In support of her case, the complainant has filed the written arguments and citations reported in
2006(2) CPR 100 in BSES Yamuna Power Ltd. Vrs.Snehlata Gogia,Delhi State Commission,New Delhi.
2006(2) CPR 280 in Sub-divisional Officer,U.T.Chandigarh and another Vrs.Jagir Singh,SCDRC,U.T.Chandigarh
2011 STPL(Web)942 SC in Executive Engineer and another Vrs.Sri Seetaram Rice Mill
III(2013) CPJ 1(SC) U.P.Power Corporation Ltd. And others Vrs.Anis Ahmad.
3- On receipt of Forum’s notice the O.Ps appeared through their learned counsel Sri Fakir Mohon Pattnaik on dt. 6.5.2013 and filed their written version on dt. 3.6.2013 and subsequently filed their written submission/written arguments on dt. 1.7.2013. In their written version/submissions learned counsel for the O.Ps stated that the allegations made in the complaint in the above case are not all true and correct and the complainant in put to strict proof of such allegations, which are specifically not admitted here under.
It is stated that the averments made by the complainant are not correct and it is categorically pointed out that during inspection on dt. 27.11.2012 at about 12.05 p.m. by the Vigilance Squad of Southco ,it has been detected that the complainant has been availing power supply through tampered meter tampering its T.C.Seal and meter seals and the meter was also running slow by (-) 64.06%. Accordingly, provisional assessment order was made u/s.126 of the Electricity Act assessing at Rs.58,582/- for loss of 5664 units against (-)64.06% meter slow. The same order has been supplied to the complainant on dt.29.11.12 vide letter No.379/29.11.2012, as required u/s.126(2) of the Electricity Act under the same notice the complainant has been required to file her objection if any within seven days of receipt of the same and to appear on dt.4.12.2012 at 11.00 A.m. in order to give her an opportunity of hearing of the same. But the complainant neither filed any show cause reply/objection nor appeared before the assessing officer for hearing on the provisional assessment order and avoided payment of assessment amount. It is further submitted by the O.Ps that as the provisional assessment was made on 29.11.2012 and hearing on objection was fixed to 4..12.12 and the final assessment was due, the assessment amount was not supposed to charge in the bills raised for the month of December,2012 under Sundry or outstanding dues and the status of the meter reflects in the consumption bill is a provisional one and also does not over rides the meter status report prepared during inspection of meter on dt. 27.11.2012. So the claim of meter status as normal/OK is baseless and the allegation of deficiency of service, damage or harassment in any way caused to the complainant at any point of time is totally baseless, frivolous and not tenable.
The O.Ps further stated by citing decisions reported in AIR 2013(S.C.) 2766 between UP Power Corporation Ltd. and Others Vrs. Anis Ahmad that a complaint against the assessment made by assessing Officer u/s 126 or against the offences committed u/s.135 to 140 of the electricity Act,2003 is not maintainable before the Consumer Forum. The offences referred to inspections 135 to 140 can be tried only by a special court constituted U/s 153 of the Electricity Act,2003. Therefore, prayed to dismiss the complaint under the above facts and circumstances by imposing cost for filing such false case against the O.Ps. in the interest of justice. The O.Ps also cited the decision of Hon’ble Division Bench of Gujurat High Court in Kansra Vrs.Mdhya Gujurat Vij Company Ltd. And Hon’ble Supreme Court in Civil Appeal No.8559/2011 on Seetaram Rice Mill Vrs. Executive Engineer,Jeypure Electrial Division and Hon’ble State CDR Commission in Revision petition No.19/2012 on 9.2.2012.
3- We heard arguments from both the parties. Perused the pleadings and gone through the written arguments filed by both the parties and verified the xerox copy of letter No.379 dt. 29.11.2012 addressed to the complainant in the matter of provisional assessment for unauthorized use of electricity in which complainant has been advised to file objection if any within seven days and copy showing the provisional order and copy of details of meter inspection and load census. In the light of the aforesaid analysis, we find that this dispute comes under meter tampering.
4- In the matter of meter tampering and offence committed u/s.135 of Electricity Act and against the assessment made by Assessment Officer for the theft of electricity, the judgment passed by the Hon’ble Supreme Court of India in Civil Appeal No.5466 of 2012 U.P.Power Corporation Ltd. And others Vrs. Anis Ahmad is note worthy which is cited by the complainant and O.Ps where Hon’ble Apex Court has held that “a complaint against the assessment made by Assessing Officer u/s.126 and against the offences committed under section 135 to 140 of Electricity Act,2003 is not maintainable before a Consumer Forum.
O R D E R
In view of the aforesaid facts and circumstances, the present case is not maintainable. Hence, the instant petition of complaint filed by the complainant stands dismissed. However, the complainant is at liberty to seek redress before the proper court of law, if she so desires. The case is disposed of accordingly without any order as to cost.
Copy of the order be furnished to the parties free of cost.
Dictated and corrected by me on this 20th February,2014
I AGREE(MEMBER) I AGREE(MEMBER) PRESIDENT
