The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the S.D.O, Electrical, Basta Division, Basta and O.P No.2 is the J.E, Electrical, Basta.
2. The case of the Complainant in brief is that the father of the Complainant was a domestic Consumer under the O.Ps bearing Consumer No.IAD-0990 having contract demand of 1 K.W and after death of him, the Complainant has been residing in the same premises, where the O.Ps have supplied electricity, as such the Complainant has been paying monthly electric bills regularly to the O.Ps. But on 05.12.2014, the O.Ps made spot verification in the premises of the Complainant and checked electrical installation by breaking meter seal and on protest, the O.Ps replied to reseal the same. Thus, the O.Ps prepared spot verification report, but on denial to sign on the same report by the Complainant, the O.Ps returned back without supplying spot verification report to him and also did not seal the said meter. The said spot verification report is illegal, while the meter was OK. On 20.01.2015, the Complainant received a bill for the month of December, 2014, in which he came to know that the load is enhanced to 2.5 K.W against the contract demand of 1 K.W, followed by another bill for January, 2015 illegally imposing Rs.20,803/- (Rupees Twenty thousand eight hundred three) only. Thus, the Complainant requested the O.Ps to revise the said illegal bill, but the O.Ps did not pay any heed to it, rather threatened to disconnect power supply from his house, causing mental agony and physical sufferings to the Complainant. Cause of action to file this case arose on 05.12.2014 and on 21.02.2015. The Complainant has prayed for revision of illegal bill as per consumption on the basis of contract load of 1 K.W along with compensation.
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 during course of spot verification of the premises of the Complainant by the O.Ps on 05.12.2014, detected that the Complainant was availing power supply unauthorisedly by by-passing the meter having no body seal and T.P box seal with a load of 2.5 K.W against actual load of 1 K.W. Accordingly, a spot verification report was prepared in presence of the Complainant, though he received a copy of same report, but refused to sign on it. So, a copy was pasted in the wall of the Complainant. Thereafter, the provisional assessment U/s.126 (2) of Electricity Act, 2003 has been prepared for Rs.20,803.20ps. (Rupees Twenty thousand eight hundred three and twenty paisa) only for unauthorised consumption and served to the Complainant vide letter No.2250, dtd.15.12.2014 informing to file objection, if any within 7 days of receipt of this order before the O.Ps against the said assessment order. But, the Complainant did not file any objection, for which final assessment order U/s.126 (3) of Electricity Act, 2003 was prepared and also served to the Complainant for Rs.20,803.20ps. (Rupees Twenty thousand eight hundred three and twenty paisa) only vide T.O letter No.88, dtd.13.01.2015and also asked to clear up the penal bill within 30 days from the issue of this letter. But, the Complainant has neither paid the penal bill nor appealed before the appellate authority, rather filed this case in this Forum. In addition, a “complaint” against the assessment made by Assessing Officer U/s.126 of the Electricity Act, 2003 against the offences committed U/s.135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum. Hence, the case of the Complainant is liable to be dismissed.
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 his father was a domestic Consumer under the O.Ps and after his death, the Complainant has been residing in the same premises, where the O.Ps have supplied electricity and also the Complainant is paying electric bills regularly to the O.Ps. But, the O.Ps made spot verification in the premises of the Complainant on 05.12.2014 and also prepared a spot verification report and without supplying the same report to the Complainant, they have returned back. Thereafter, on 20.01.2015, the Complainant received a bill for the month of December, 2014, in which he has found that the load is enhanced to 2.5 K.W from contract demand of 1 K.W, followed by another bill for January, 2015 illegally imposing Rs.20,803/- (Rupees Twenty thousand eight hundred three) only. Thus, the Complainant requested the O.Ps in several times to revise the said illegal bill, but the O.Ps did not pay any heed to it, rather threatened to disconnect power supply from his house, which causes mental agony to the Complainant. Thus, the Complainant has filed this case praying for revision of illegal bill along with compensation. On the other hand, it has been argued on behalf of the O.Ps that on 05.12.2014, the O.Ps have verified the premises of the Complainant, where they have found that the Complainant was availing power supply unauthorisedly for 2.5 K.W against the contract demand of 1 K.W. Thus, a spot verification report was prepared and as the Complainant refused to sign on it, it was pasted in the wall of the Complainant. Thereafter, observing necessary formalities of Law, provisional assessment order was prepared for Rs.20,803.20ps (Rupees Twenty thousand eight hundred three and twenty paisa) only and served to the Complainant and also informed to file objection, if any against the said provisional assessment order. But, the Complainant did not file any objection, for which the provisional assessment became final and the same order has also been 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 3rd day of January, 2019 given under my Signature & Seal of the Forum.
