The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the J.E, Electrical, Basta, Balasore and O.P No.2 is the S.D.O, Electrical, Basta Division, Basta, Balasore.
2. The case of the Complainant in brief is that the Complainant is a domestic Consumer under the O.Ps bearing Consumer No.IBD-23013 and paying the electric bills regularly to the O.Ps. But, on 03.12.2014, the O.Ps made spot verification in absence of the Complainant and returned back without handing over the spot verification report to the Complainant. The Complainant received a bill of Rs.32,764/- (Rupees Thirty two thousand seven hundred sixty four) only from the O.Ps on 24.02.2015 imposing a sum of Rs.29,789/- (Rupees Twenty nine thousand seven hundred eighty nine) only illegally, when the meter was without any fault along with enhancement of load to 3 K.W from 1 K.W. Thereby, the Complainant had been to the O.Ps for revision of the said bills, but the O.Ps did not listen rather threatened to disconnect the power supply from his house, provided the Complainant do not pay the said amount within a short period, for which the Complainant filed this case. Such activities committed by the O.Ps violating the principle of Law and natural justice, causing mental agony and harassment to the Complainant. Cause of action arose on 24.02.2015 and on 09.03.2015. The Complainant has prayed for revision of energy bill along with compensation.
3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability, jurisdiction as well as its cause of action. The O.Ps have further submitted that on 03.12.2014, a spot verification was made in presence of the daughter of the Complainant and detected that the Complainant was availing power supply in unauthorized manner by bypassing the meter i.e. cut service wire before meter and tapped an extra wire from that point to a load of 2 K.W against the contract demand of 1 K.W. Thus, spot verification report was prepared on the spot, where the daughter of the Complainant refused to sign on it. Thereafter, the provisional assessment U/s.126 (2) of Electricity Act, 2003 has been prepared for un-authorized consumption for an amount of Rs.29,788.80 ps. (Rupees Twenty nine thousand seven hundred eighty eight and eighty paisa) only and served to the Complainant vide letter No.2151, dtd.05.12.2014 and informed to file objection, if any against the provisional assessment within 7 days after receiving the provisional assessment order before the O.Ps. But, the Complainant did not file any objection, for which final assessment U/s.126 (3) of Electricity Act, 2003 was prepared and served to the Complainant for an amount of Rs.29,788.80 ps. (Rupees Twenty nine thousand seven hundred eighty eight and eighty paisa) only vide T.O letter No.4, dtd.01.01.2015 and asked to clear up the penal bill within 30 days from the date of issue of the letter. But, the Complainant without clearing the penal amount, has filed this case before the Forum. In addition, a “complaint” against the assessment made by Assessing Officer U/s.126 or against 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 with cost.
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 the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that on 03.12.2014, the O.Ps made spot verification in absence of the Complainant and did not hand over the spot verification report to the Complainant. On 24.02.2015, the Complainant received a bill of Rs.32,764/- (Rupees Thirty two thousand seven hundred sixty four) only from the O.Ps imposing a sum of Rs.29,789/- (Rupees Twenty nine thousand seven hundred eighty nine) only illegally by enhancing of load to 3 K.W from 1 K.W. Thereafter, the Complainant approached the O.Ps for revision of the said bills, but the O.Ps did not pay any heed to it, rather threatened to disconnect the power supply from his house, causing mental agony and harassment to the Complainant. Thus, the Complainant has filed this case praying for revision of energy bill along with compensation. On the other hand, it has been argued on behalf of the O.Ps that on 03.12.2014, the O.Ps have verified the premises of the Complainant, where they have found that the Complainant was availing power supply unauthorisedly. Thus, a spot verification report was prepared, in which the daughter of the Complainant refused to sign on it. Thereafter, observing necessary formalities of Law, provisional assessment order U/s.126 (2) of Electricity Act, 2003 was prepared for Rs.29,788.80 ps. (Rupees Twenty nine thousand seven hundred eighty eight and eighty paisa) only and served to the Complainant and also informed to file objection against the provisional assessment order. But, the Complainant has not filed any objection against the provisional assessment order and accordingly, final assessment order U/s.126 (3) of Electricity Act, 2003 was prepared and also served to the Complainant. But, 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 20th day of August, 2018 given under my Signature & Seal of the Forum.
