Present        (1)    Sri Nisha Natha Ojha,

                              District & Sessions Judge (Retd.)

                              President

                    (2)     Sri Sheo Shankar Prasad Singh,

Member

                  Date of Order- 16.07.2015

                                                                                                   ORDER

Sheo Shankar Prasad Singh

1. The complainant has filed this petition for directing the Opposites party:-

1. To reject bill dated 13.02.13 amounting to Rs.80,457.00 (Eighty thousand four hundred fifty seven only), the excessive charges levied from the complainant and NDD 11 also be also changed in to D.S 11 category.
2. To pay Rs. 10,000.00(Ten thousand only) to the complainant on account of mental agony physical harassment and financial loss.
3. To reconnect the line without charging any bill/fee.

1. The complainant in this instant complaint petition has asserted following facts:-

1. The complainant is using electricity under D.S category since long. The complainant installed an electrical meter and the account no. is A/C 417273 of the complainant given by the Opposite parties.
2. It is stated that the Opposite parties charged from the complainant for the electrical consumption at the NDS 11 rates per unit for the meter installed in the  premises of the complainant and the Opposite parties prepared forged /vexatious / false report in their table due to bad intention without making any physical enquiry in premises in question, whereas the Opposite parties ought to have charged at the rate of non-commercial rates, i.e. domestic rates from the complainant. The Opposite parties did not issue an information /letter to the complainant regarding changing tariff D.S 11 to NDS 11 of the complainant before issuing disputed bill inspection /verification.
3. The complainant filed a request letter to rectify the defects in bill dated 13.02.13 before the officers concerned but they did not take care and ignored the request of the complainant.
4. The complainant has been directed to deposit re-inspection fee for the purpose of re-inspection of premise and the same has been followed by the complainant and deposited required fee and thereafter the officers of the inspection team were satisfied that the consumer was using electricity within limit as sectioned load was granted 2 K.W.
5. The complainant has personally brought this fact to the notice of the Opposite parties and requested them not to charge at the rate of commercial connection from the complainant. But the Opposite parties are reluctant to accept this request of the complainant.
6. It is also submitted that it is settled principle of law that under the Electricity Act 2003 and Electricity Supply Code 2007 the Opposite parties have to issue provisional bill to the consumer occupant if any illegality/unauthorised use of Electricity is found without issuing provisional bill to the aggrieved person the Opposite parties cannot charge punitive bill under section 126 of the Act 2003. The Opposite parties have to follow Act and Rules, failing which it comes under the preview of the deficiency in services and negligence under the consumer law. In this case the Opposite parties have not issued final assessment bill to the complainant under the Electricity Act 2003 at any manner hence this case cannot be treated as final assessment made by the competent assessing officer. It is a case of unfair trade practice and or ignorance of Act due to ill motive /bad intention.
7. The impugned act on the part of the Opposite parties is against the well settled principles of law laid down by the Hon’ble Apex Court High Courts, National Commission and State Commission in catena of cases.

2. The Opposite Party-3 has made following assertion in this counter affidavit:-.

1. The opposite party no. 3 made inspection of the premises of the complainant, Sri Subodh Kumar, holder of A/C No. 417273 under the provision of the company  on 12.02.13 and found that the complainant whereas the sanctioned loan was of 2 K.W. but he was using high load i.e. 4K.W and for that the Opposite parties issued punitive bill of Rs.60,368.00(Sixty thousand three hundred sixty eight only) to the complainant.
2. Accordingly memo no. 01 dated 12.02.13 with notice was issued and sent to the complainant and he was directed to be present with electric bill but the complainant did not present in the office of the Opposite parties. Thereafter another bill has been sent to the complainant
3. The complainant accepted the theft of the energy and assured the Opposite parties that he will pay bill of the punishing amount immediately

It is further asserted that there is provision in supply code 2007 Electricity Act 2003. U/s 126 (3) action can be initiated and accordingly the complainant having failed to deposit the bill electric line in his premises was disconnected on 14.03.2009.

Action was taken by the opposite party against the complainant U/s 126 (3) Electricity Act 2003. In this regard the Hon’ble Apex Court in the judgment dated 1^st July 2013 in Civil Appeal No. 5466/2012 ( Uttar Pradesh Power Corporation Ltd. & Others Vrs. Anis Ahmed ) has held that “ complaint ” against the assessment made by assessing officer under Section 126 or against the offences committed under Sections 135 to 140 of the Electricity Act 2003 is not maintainable before a Consumer Forum.

Thus in the light of aforesaid order of the Hon’ble Supreme Court this case is not maintainable before this forum and accordingly it is dismissed but without any costs.

                                 Member                                                                                         President