The case record is posted today for filing of objection against the petition of complainant, by Advocate for the O.Ps No.1 to 3 & hearing of the same and filing of fresh step against O.P No.4 by Advocate for the complainant. Advocate for the complainant is present & files hazira, but not filed fresh step against O.P No.4, as ordered earlier. Hence, the case against O.P No.4 stands dismissed. Advocate for the O.Ps No.1 to 3 is present & files hazira along with objection and certain documents.
Heard. Perused the petition Dtd. 05.02.24 filed by the complainant and the objection along with documents filed by the O.Ps No.1 to 3. Therefore, considering the facts and circumstances of the case and taking into account the documents filed by the O.Ps No.1 to 3 vis-à-vis the contentions raised in the petition and objection, it is found that the O.Ps No.1 to 3 have fulfilled the prayer of the complainant, as prayed in his petition. Accordingly, the petition is treated as disposed of.
We have already heard the learned counsel from both the sides. Perused the complainant petition and the documents. The complainant has vividly stated in his complaint petition that the O.Ps have demanded imaginary amount of Rs.13,571.16 paisa for the month of May & June, 2021 and Rs.6,656.78 paisa for the month of February & March, 2022 illegally and requested the O.Ps for rectification of the bill.
On the other hand, in their written version, O.Ps No.1 to 3 have stated that this is a case U/s. 126 of the Electricity Act, 2003. When the verification squad had been to the house of the complainant, it was found that the complainant was availing power supply unauthorizedly by hooking process from a nearest LT line to his heater. Hence, Spot verification report was prepared followed by provisional and final assessment order, all were served on the complainant and to that effect they filed the documents so also the photographs showing hooking materials and availing of unauthorized power supply.
On going through the documents filed on behalf of the O.Ps, it is seen that this is a case U/s. 126 of the Electricity Act, 2003. In this connection, the Hon’ble Apex Court in a decision reported in III (20213) CLT-55 (SC) in the case of Uttar Pradesh Power Corporation Limited & others –v- Anis Ahmad have been pleased to observe that complaint against assessment made U/s. 126 of Electricity Act, 2003 is not maintainable before a Consumer Forum. It is the Civil Court to sit upon the matter with respect to the decision of the assessing Officer. 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, thus, also the complaint against any action taken U/s. 135 to 140 of Electricity Act, 2003 is not maintainable before Consumer Forum. By virtue of Section 3 of Consumer Protection Act, 1986 or Section 173, 174 & 175 of Electricity Act, 2003, Consumer Forum cannot drive power to adjudicate a dispute relating 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. In the present case, neither the complainant complied the assessment order made by the O.Ps nor knocked the door of the Appellate Authority. From the foregoing discussions, it is held that the complaint filed by the complainant is not maintainable.
Accordingly, the present case is disposed of as not maintainable.
