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 and O.P No.2 is the J.E, Electrical, NESCO, Rajghat.
2. The case of the Complainant in brief is that the Complainant is a domestic Consumer under the O.Ps bearing Consumer No.IBD-0574 having contract demand of 2 K.W and paying the monthly electric bills regularly to the O.Ps. But on 02.01.2016, the O.Ps made spot verification in the premises of the Complainant and checked electrical installation and also prepared a spot verification report mentioning that the Complainant is availing power connection unauthorisedly by hooking from the nearest bare conductor line and using the heater. The O.Ps have compelled the Complainant to put his signature there on and on refusal to sign on the same report by the Complainant, the O.Ps returned back without supplying spot verification report to him. The said spot verification report is totally illegal and fabricated. Thereafter, the Complainant requested the O.Ps, but his request was turned down, thereby he has applied under R.T.I Act on 07.01.2016 about verification report of the O.Ps, where he came to know that the O.Ps have arbitrarily assessed a sum of Rs.13,464/- (Rupees Thirteen thousand four hundred sixty four) only at their mercy and the assessment is also against the provision of Electricity Act. 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 the Complainant to disconnect power supply from his house, which amounts to deficiency of service by the O.Ps. Cause of action to file this case arose on 02.01.2016 and on 06.02.2016. The Complainant has prayed for quashing the assessment amount of Rs.13,464/- (Rupees Thirteen thousand four hundred sixty four) only along with revision of bill as per actual consumption and compensation for deficiency of service.
3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability as well as its cause of action. The O.Ps have further submitted that they have verified the premises of the Complainant on 02.01.2016, where it was found that the Complainant was availing power supply unauthorisedly by hooking process from the nearest bare conductor. 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 affixed on the wall of the Complainant. Thereafter, the provisional assessment has been prepared for Rs.13,464/- (Rupees Thirteen thousand four hundred sixty four) only and served to the Complainant informing to file objection, if any 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 along with computerized billing statement amounting to Rs.13,628/- (Rupees Thirteen thousand six hundred twenty eight) only as per law. But, the Complainant has not paid the penal bill to the O.Ps, rather filed this case in this Forum. Hence, the case of the Complainant being devoid of merit, 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 the O.Ps have made spot verification in the premises of the Complainant on 02.01.2016 and also prepared a spot verification report and without supplying the same report to the Complainant, they have returned back. Thereafter, the Complainant has applied under R.T.I Act on 07.01.2016 about verification report of the O.Ps, where he found that the O.Ps have arbitrarily assessed a sum of Rs.13,464/- (Rupees Thirteen thousand four hundred sixty four) only, which is against the provision of Electricity Act. Thus, the Complainant has requested the O.Ps to revise the said illegal bill, but the O.Ps did not pay any heed to it, rather threatened him to disconnect power supply from his house, amounting deficiency of service on the part of the O.Ps. Thus, the Complainant has filed this case praying for quashing the assessment amount along with revision of bill as per actual consumption and compensation. On the other hand, it has been argued on behalf of the O.Ps that on 02.01.2016, the O.Ps have verified the premises of the Complainant, where they have found that the Complainant was availing power supply unauthorisedly. Thus, a spot verification report was prepared and as the Complainant refused to sign on it, it was affixed on the wall of the Complainant. Thereafter, observing necessary formalities of Law, provisional assessment order was prepared for Rs.13,464/- (Rupees Thirteen thousand four hundred sixty four) 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 along with computerized billing statement amounting to Rs.13,628/- (Rupees Thirteen thousand six hundred twenty eight) only as per law. 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 4th day of January, 2019 given under my Signature & Seal of the Forum.
