The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the J.E, Electrical-II, Naya Bazar, Jaleswar, O.P No.2 is the S.D.O, Electrical, Jaleswar and O.P No.3 is the Executive Engineer, Electrical, Jaleswar.

                    2. The case of the Complainant in brief is that the Complainant is a bonafide domestic Consumer under the O.Ps bearing Consumer No.F-13895 having contract demand of 1 K.W. Till December-2013, a sum of Rs.5,186/- (Rupees Five thousand one hundred eighty six) only pending against the Complainant. So, the O.Ps disconnected power supply to the house of the Complainant. Accordingly, the Complainant deposited Rs.5,000/- (Rupees Five thousand) only towards pending bills and Rs.150/- (Rupees One hundred fifty) only for reconnection fees, as such the O.Ps reconnected power supply and line man of the O.Ps collected original payment receipt from the Complainant informing to return after verification. Thus, the O.Ps returned the said receipt by tampering words and figures, as a result the Complainant lodged complain before the O.Ps, where the O.Ps assured to settle the matter soon. In the meanwhile, the Complainant received a bill of Rs.2,310/- (Rupees Two thousand three hundred ten) only, where actual consumption is Rs.310/- (Rupees Three hundred ten) only. Thus, the O.Ps cleared up the bill amount on receipt of Rs.310/- (Rupees Three hundred ten) only from the Complainant. But, on 02.04.2013, the O.Ps No.1 and 2 made spot verification in the premises of the Complainant to check the electric installation and on 30.05.2014, the Complainant received a bill of Rs.14,228/- (Rupees Fourteen thousand two hundred twenty eight) only as imposed illegally and category changed to commercial, thus enhancing load to 1.5 K.W. And on 31.05.2014, the O.Ps No.1 and 2 made a fabricated spot verification report, forced the Complainant to sign on it, but the meter was O.K and the Complainant refused to sign. The Complainant on 16.07.2014 applied before O.P No.3 with a request to revise the illegal electric bill, where O.P No.3 assured to settle the same soon. After six months of spot verification report, the O.Ps issued final assessment order on 03.11.2014 claiming Rs.15,168/- (Rupees Fifteen thousand one hundred sixty eight) only. The Complainant made a protest in writing before the O.Ps requesting for re-verification and revision of bill as the Complainant has never extended power supply either to medicine shop or to variety store. The Complainant has been put into unnecessary harassment, mental agony for deficiency of service by the O.Ps. The O.Ps did not revise the bill amount, rather threatened the Complainant to disconnect the power supply, as such the Complainant has filed this case. Cause of action arose on 03.11.2014 and on 10.04.2015. The Complainant has prayed for revision of illegal bill amount along with payment of compensation and litigation cost. Neither the Complainant nor his Advocate was present at the time of hearing of this case.

                    3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability as well as its cause of action. The O.Ps have further submitted that the Complainant bearing Consumer No.F-13895 has been given power supply for a contract demand of 1 K.W load for domestic consumption, but he is a defaulter Consumer in payment of electricity dues, as such he is not a bonafide Consumer under the O.Ps. An arrear amount of Rs.10,070.97 ps. (Rupees Ten thousand seventy and ninety seven paisa) only was pending against the Complainant till November-2013, out of which he deposited Rs.5,000/- (Rupees Five thousand) only on 21.12.2013, Rs.3,000/- (Rupees Three thousand) only on 01.01.2014 and Rs.2,310/- (Rupees Two thousand three hundred ten) only on 28.02.2014. On 02.04.2014, a spot verification was conducted in presence of the Complainant and it was detected that there were no seals in the meter and the Complainant was availing power supply unauthorisedly to his three shops, such as medicine shop, grocery shop and stationary shop for 1.5 K.W load for commercial purposes against the contract demand of 1 K.W load. Thus, a spot verification report was prepared and the Complainant refused to sign on it. Thereafter, basing on it, provisional assessment for unauthorised use of electricity U/s.126 of I.E Act-2003 was prepared for Rs.14,228/- (Rupees Fourteen thousand two hundred twenty eight) only and was served to the Complainant vide letter No.483, dtd.28.04.2014 along with the spot verification report with a instruction to file objection if any against the assessment within 7 days from the date of receipt of the same order. Though the Complainant received the spot verification report and provisional assessment, but did not file any objection. Accordingly, on 28.05.2014, final assessment for Rs.14,228/- (Rupees Fourteen thousand two hundred twenty eight) only was prepared and served to the Complainant vide No.691, dtd.28.05.2014 with a intimation to deposit the assessed amount within 30 days or to file appeal against the order U/s.127 of I.E Act-2003. But, the Complainant without filing appeal as per law, has filed this case before this Forum and this Forum has no jurisdiction to entertain the case, for which this case is not maintainable before this Forum. Moreover, a “complaint” against the assessment made by the assessing Officer U/s.126 or against the offences committed U/s.135 to 140 of the Electricity Act-2003 is not maintainable before a Consumer Forum. Thus, this case 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. Neither the Complainant nor his Advocate was present at the time of hearing of this case. So, his pleading is his case. According to his pleading, a sum of Rs.5,186/- (Rupees Five thousand one hundred eighty six) only pending against the Complainant till December-2013. So, the O.Ps disconnected power supply to his house and after depositing of Rs.5,000/- (Rupees Five thousand) only towards pending bills and Rs.150/- (Rupees One hundred fifty) only for reconnection fees, the O.Ps reconnected power supply to his house. The Complainant received a bill of Rs.2,310/- (Rupees Two thousand three hundred ten) only, where actual consumption is Rs.310/- (Rupees Three hundred ten) only. Thus, the O.Ps cleared up the bill amount on receipt of Rs.310/- (Rupees Three hundred ten) only from the Complainant. But, on 02.04.2013, the O.Ps No.1 and 2 made spot verification in the premises of the Complainant to check the electric installation and on 30.05.2014, the Complainant received a bill of Rs.14,228/- (Rupees Fourteen thousand two hundred twenty eight) only as imposed illegally and category changed to commercial, thus enhancing load to 1.5 K.W. On 31.05.2014, the O.Ps No.1 and 2 made a spot verification report and forced the Complainant to sign on it, but the Complainant refused to sign. The Complainant on 16.07.2014 applied before O.P No.3 with a request to revise the illegal electric bill, where O.P No.3 assured to settle the same soon. After six months of spot verification report, the O.Ps issued final assessment order on 03.11.2014 claiming Rs.15,168/- (Rupees Fifteen thousand one hundred sixty eight) only. The Complainant made a protest in writing before the O.Ps requesting for re-verification and revision of bill, but the O.Ps did not pay any heed to it, causing unnecessary harassment, mental agony for deficiency of service by the O.Ps. Thus, the Complainant has filed this case praying for revision of illegal bill amount along with compensation and litigation cost. On the other hand, it has been argued on behalf of the O.Ps that the Complainant is a defaulter Consumer in payment of electricity dues. An arrear amount of Rs.10,070.97 ps. (Rupees Ten thousand seventy and ninety seven paisa) only was pending against the Complainant till November-2013, out of which he deposited Rs.5,000/- (Rupees Five thousand) only on 21.12.2013, Rs.3,000/- (Rupees Three thousand) only on 01.01.2014 and Rs.2,310/- (Rupees Two thousand three hundred ten) only on 28.02.2014. On 02.04.2014, the O.Ps made a spot verification in presence of the Complainant, where it was detected that there were no seals in the meter and the Complainant was availing power supply unauthorisedly to his three shops, such as medicine shop, grocery shop and stationary shop for 1.5 K.W load for commercial purposes against the contract demand of 1 K.W load. Thus, a spot verification report was prepared and the Complainant refused to sign on it. Thereafter, observing necessary formalities of Law, provisional assessment U/s.126 of I.E Act-2003 was prepared for Rs.14,228/- (Rupees Fourteen thousand two hundred twenty eight) only, which was served to the Complainant vide letter No.483, dtd.28.04.2014. Though the Complainant received the spot verification report and provisional assessment, but he did not file any objection. Accordingly, on 28.05.2014, final assessment for Rs.14,228/- (Rupees Fourteen thousand two hundred twenty eight) only was prepared and served to the Complainant vide No.691, dtd.28.05.2014. The Complainant has neither complied the order 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 1st day of May, 2018 given under my Signature & Seal of the Forum.