The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Sub-Divisional Officer, Electrical, Markona, O.P No.2 is the Executive Engineer (Elect), S.E.D, Soro, O.P No.3 is the J.M (Electrical), Markona and O.P No.4 is the Managing Director (MD), NESCO, Balasore.
2. The case of the Complainant in brief is that the Complainant is a bonafide domestic Consumer under the O.Ps vide Consumer no.SM-3121782 and commercial Consumer bearing no.SM-48884 in one compact area with separate establishment i.e. domestic and commercial in the locality. The Complainant was paying his domestic energy bill as per actual meter reading to the O.Ps, but from February-2012 till September-2014, the O.Ps served average bills @ 144 units per month illegally without meter reading though the meter is OK and the Complainant has been paying such bills to the O.Ps. The Complainant approached the O.Ps on several occasions to rectify such erroneous bills, but the O.Ps did not pay any heed to it. And for commercial category Consumer, the O.Ps illegally demanded erroneous average bills from the Complainant, for which the Complainant filed a case before GRF, NESCO vide GRF C.C No. 226/2011 for correction of such erroneous bills, where GRF ordered on 08.07.2011 directing the O.Ps to revise the impugned bills @ 88 units per month as per actual meter consumption from August-2006 to January-2008 within 30 days of receipt of order, but the O.Ps did not comply with till date. Thus, the Complainant sustained huge loss from December-2009 due to arbitrary disconnection of power supply to the said business premises and on negotiation deposited Rs.10,000/- (Rupees Ten thousand) only before the O.Ps on 31.01.2014 for reconnection of power supply, but the O.Ps did not take any steps. There is no legal link/connection between domestic and commercial Consumer as the status of the premises is different from each other. But on dtd.14.10.2014, the O.Ps entered the premises in absence of the Complainant and prepared a verification report assessing of load for his domestic consumption vide meter no.030811, which the Complainant came to know from copy of assessment report no.15694, accordingly approached to O.Ps, resulting threat of disconnection, if said assessment will not be complied with, as such the Complainant deposited Rs.10,000/- (Rupees Ten thousand) only on 14.10.2014 in order to avoid disconnection. The Complainant informed the O.Ps regarding illegal assessment imposed upon him, but they have not rectified the same, causing financial loss and mental agony to the Complainant. Cause of action arose on 31.01.2014 and 14.10.2014. The Complainant has prayed for revision of illegal bills along with compensation for financial loss and mental agony.
3. Written version filed by the O.Ps No.1 to 3 through their Advocate denying on the point of maintainability as well as its cause of action. These O.Ps have further submitted that the complainant is a domestic Consumer having 1 K.W load and the premises of the Complainant was verified by the authorised officers of the O.Ps on 14.10.2014 in presence of the Complainant and found that the Complainant was availing power supply for commercial purpose with C.D 3.5 K.W through Palmohan meter having meter reading-27065 Kwh, but the bill was prepared on average basis, which was not billed properly. Accordingly, provisional assessment U/s.126(2) has been prepared for un billed and un authorised consumed units for an amount Rs.1,27,293/- (Rupees One lakh twenty seven thousand two hundred ninety three) only and served to this Complainant vide letter no.842 dt.14.10.2014 and informed to file objection if any against this provisional assessment before the undersigned. In the event, if he will fail to file objection, it will be presumed that there is nothing to say and the final assessment U/s.126(3) will be passed. But, the Complainant did not file any objection nor attended the hearing on dtd.14.11.2014. As such final assessment U/s.126(3) was prepared and served to Complainant for an amount of Rs.1,27,293/- (Rupees One lakh twenty seven thousand two hundred ninety three) only vide letter no.961, dtd.14.11.2014 and asked to clear up the penal bill within 15 days from the issue of this letter. But, the Complainant without doing this has filed a case before this Forum. Moreover, a “complaint” against the assessment made by the Assessing Officer U/s.126 or against offences committed U/s.135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum.
4. The O.P No.4 is deleted from this case on the basis of a petition filed by the Advocate for the Complainant on dtd.18.08.2017.
5. 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 ?
6. 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 he was paying his domestic electricity bill as per actual meter reading to the O.Ps, but from February-2012 till September-2014, the O.Ps served average bills @ 144 units per month illegally without meter reading though the meter is OK and the Complainant has also been paying such bills to the O.Ps. Thereafter, the Complainant approached the O.Ps on several occasions to rectify such bills, but the O.Ps did not respond. And for commercial category Consumer, the O.Ps illegally demanded erroneous average bills from the Complainant, for which the Complainant filed a case before GRF, NESCO, Balasore vide GRF C.C No.226 of 2011 for correction of such erroneous bills, where Hon’ble GRF vide their order dtd.08.07.2011 directed the O.Ps to revise the impugned bills @ 88 units per month as per actual meter consumption from August-2006 to January-2008 within 30 days of receipt of order, but the O.Ps did not comply with the order till date. Thus, the Complainant suffered huge amount of loss from December-2009 due to disconnection of power supply to the said business premises and on negotiation, he has deposited Rs.10,000/- (Rupees Ten thousand) only before the O.Ps on 31.01.2014 for reconnection of power supply, but the O.Ps did not take any steps. Further, it has been argued that there is no legal link/connection between the domestic and commercial Consumer as the status of the premises is different from each other. But on 14.10.2014, the O.Ps entered the premises in absence of the Complainant and prepared a verification report assessing of load for his domestic consumption, which the Complainant came to know from the copy of assessment report and accordingly, approached the O.Ps and the Complainant deposited Rs.10,000/- (Rupees Ten thousand) only on 14.10.2014. The Complainant informed the O.Ps regarding illegal assessment imposed upon him, but they have not corrected the same, for which he has filed this case praying for revision of illegal bills along with compensation. On the other hand, it has been argued on behalf of the O.Ps No.1 to 3 that they have verified the premises of the Complainant on 14.10.2014 in presence of the Complainant and found that the Complainant was availing power supply for commercial purpose with C.D 3.5 K.W, but the bill was prepared on average basis, which was not billed properly. Accordingly, provisional assessment U/s. 126(2) has been prepared amounting to Rs.1,27,293/- (Rupees One lakh twenty seven thousand two hundred ninety three) only and served to this Complainant vide letter no.842 dt.14.10.2014 and accordingly, final assessment U/s.126(3) was prepared amounting Rs.1,27,293/- (Rupees One lakh twenty seven thousand two hundred ninety three) only, which was served to the Complainant vide letter no.961, dtd.14.11.2014. But, the Complainant has neither paid the same amount 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.
7. 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 No.1 to 3, but in the peculiar circumstances without any cost.
Pronounced in the open Forum on this day i.e. the 13th day of February, 2018 given under my Signature & Seal of the Forum.
