The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Junior Engineer (Electrical), NESCO, Gopalpur Division, O.P No.2 is the S.D.O (Electrical), NESCO, Bahanaga and O.P No.3 is the Executive Engineer, Electrical, Soro Division.
2. The case of the Complainant in brief is that the Complainant is a bonafide Agricultural/ PLI Consumer under the O.Ps bearing Consumer No.NBD-2240746 of 2 K.W load and was paying the electric bills regularly as per consumption, but subsequently the O.Ps imposed bills on provisional basis though the meter was OK. Thus, the Complainant requested to prepare bills as per consumption, where only 424 units were consumed by the Complainant, but a sum of Rs.4,017/- (Rupees Four thousand seventeen) only has been imposed by the O.Ps illegally as disclosed in the month of July-2017 bill for Rs.4,178/- (Rupees Four thousand one hundred seventy eight) only. Accordingly, the Complainant requested the O.Ps in different occasions including on dtd.27.03.2017 and 21.07.2017 to install a new meter and revision of bill, but the O.Ps did not pay any heed to it, rather the O.P No.1 and 2 threatened the Complainant to disconnect electric line. The O.P No.1 along with his staff arbitrarily disconnected power supply to the premises of the Complainant on 09.07.2017, which causes mental agony to the Complainant, thus filed this case for necessary relief. Cause of action arose on 21.07.2017 and 09.07.2017. The Complainant has prayed for correction of bill along with compensation for mental agony and litigation cost.
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 06.07.2017, a spot verification was made by the O.Ps in presence of the Complainant and detected that the Complainant was availing power supply unauthorisedly for welding of iron grills and wood carpentry work taking supply from the outgoing L.I point meter. Thus, a spot verification report was prepared and the Complainant refused to sign on it. Accordingly, provisional assessment U/s.126 (2) of I.E Act-2003 was prepared for Rs.1,09,758/- (Rupees One lakh nine thousand seven hundred fifty eight) only and A.S.D Rs.8,802/- (Rupees Eight thousand eight hundred two) only and served to the Complainant vide letter No.4828, dtd.26.07.2017 and he was directed to file objection against this assessment within 7 days from receipt of this order, but the Complainant did not file any objection. Thus, the final assessment U/s.126 (3) of I.E Act-2003 was prepared for Rs.1,09,758/- (Rupees One lakh nine thousand seven hundred fifty eight) only and served to the Complainant vide letter No.5443, dtd.01.09.2017 and asked to clear up the penal bill within 30 days of receipt of this order. But, the Complainant has neither cleared the penal amount nor appealed before the appellate authority U/s.127 of I.E Act-2203, rather filed this case in the Forum. In addition, 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 I.E 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 after receipt of the bill for the month of July-2017, he found that a sum of Rs.4,017/- (Rupees Four thousand seventeen) only has been imposed by the O.Ps illegally. Thus, the Complainant requested the O.Ps in different occasions to install a new meter and revision of bill, but the O.Ps did not pay any heed to it, rather the O.P No.1 and 2 threatened the Complainant to disconnect electric line and on 09.07.2017, the O.Ps have arbitrarily disconnected power supply to the premises of the Complainant. Thus, the Complainant has filed this case in this Forum praying for correction of bill along with compensation and litigation cost. On the other hand, it has been argued on behalf of the O.Ps that on 06.07.2017, the O.Ps have verified the premises of the Complainant in presence of him, where they have found that the Complainant was availing power supply unauthorisedly. 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 Electricity Act-2003 was prepared for Rs.1,09,758/- (Rupees One lakh nine thousand seven hundred fifty eight) only and A.S.D Rs.8,802/- (Rupees Eight thousand eight hundred two) only and accordingly, final assessment order was also prepared and both the order were duly 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 30th day of June, 2018 given under my Signature & Seal of the Forum.
