The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the J.E Electrical (NESCO), Basta, Balasore and O.P No.2 is the S.D.O Electrical (NESCO), Basta, Balasore.
1. Factual matrix of the dispute is that the Complainant is a domestic Consumer to the O.Ps vide Consumer No.IAC-21623. The Consumer has one chicken center at Basta Bazar, where he maintains his livelihood out of the income of said chicken business. But, the O.Ps have categorized as commercial category and the electric bills supplied by the O.Ps as commercial Consumer. On 08.06.2016, the O.Ps entered the business premises of the Complainant and disconnected the power supply of the Complainant and also prepared a spot verification report in the presence of the Complainant. The reason being, the Complainant connected power supply to other neighbour business persons. Thereafter, the O.Ps assessed a sum of Rs.36,778/- (Rupees Thirty six thousand seven hundred seventy eight only) and demanded for payment of this unauthorized amount levied by them. The O.Ps did not reconnect the electric supply to the premises of the Complainant, even after several request made by the Complainant. Hence filed this case. Prayer for reconnection of electric supply and revision of energy bill of the Complainant, along with compensation.
2. The O.Ps did not appear in the case, though they were given sufficient opportunity for the same. Hence, the O.Ps are set ex-parte on 28.02.2017.
3. On perusal of the case record and the documents filed by the Complainant, it is noticed that:-
(i) The Complainant has admitted that the electric connection was made by the O.Ps to the business premises of the Complainant. Accordingly, the energy bill filed by the Complainant is categorized as commercial purpose, which is supplied by the O.Ps to the Complainant every month.
(ii) The Complainant has not filed copy of spot verification report prepared by the O.Ps in the instant case. The Complainant has also not filed any copy protest letter submitted to O.Ps against the action initiated or taken by the O.Ps.
(iii) The Complainant has not filed any copy of document with regard to assessment of Rs.36,778/- (Rupees Thirty six thousand seven hundred seventy eight only) by the O.Ps.
(iv) Thereafter, the Complainant has also not filed copy of request letter made by him to the O.Ps protesting against arbitrary billing of Rs.36,778/- levied by the O.Ps.
4. After hearing, the Adv. for Complainant and gone through the documents available, it shows that the bills submitted to the Complainant by the O.Ps comes under Commercial category Consumer, but the Complainant is earning his livelihood from the Chicken Centre, for which Power has been supplied. Regarding disputed amount of Rs.36,778/-, it has been clearly admitted by the Complainant that on the spot verification by the O.Ps, on finding the defect as pointed earlier spot verification report was prepared and assessment order was given to the Complainant. So, it clearly attracts to the provision of Section-126 of Electricity Act-2003, for which this Court has no jurisdiction to entertain the disputes between the Parties, for which the Complainant is at liberty to approach the proper Forum for his relief and this Consumer Case is liable to be dismissed for want of jurisdiction. Hence Ordered:-
O R D E R
The Consumer case is dismissed on ex-parte against the O.Ps.
Pronounced in the open Forum on this day i.e. the 14th day of March, 2017 given under my Signature & Seal of the Forum.