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, Simulia, Markona, Balasore and O.P No.2 is the J.E, Electrical, Simulia, Markona, Balasore.
2. Factual matrix of the dispute is that the Complainant is a Consumer vide Consumer No.SM-46820 corresponding to new Account No.423311050123 under O.P No.1 and pays electric bills regularly having no arrear against him. The consumption per month by the Complainant is Rs.120/- (Rupees One Hundred twenty only) to Rs.150/- (Rupees One hundred fifty only) and the Complainant had/has caused any bye-pass in connection of current to his residence. But, in the month of November, 2015, the O.Ps made surprise checking of the Consumer connections and found no fault and thereafter entered the residence of the Complainant and found one damaged induction oven, thereby the O.Ps claimed that the same oven was used by the Complainant and imposed fine of Rs.13,000/- (Rupees Thirteen Thousand only) against the Complainant. Thus, the Complainant requested the O.P to mitigate the said illegal fine, the O.Ps did not pay any heed to it and the said illegal imposed amount was reflected in the bill dt.14.12.2015 by the O.Ps. And also the O.Ps threatened to disconnect the power supply to the premises of the Complainant, if he fails to pay such illegal imposed amount during the month, thereby the Complainant filed this case. The prayer of the Complainant is for complete exemption of illegal imposition of the electric bill.
3. Though the O.Ps are set ex-parte due to their non-appearance and non-filing of written version within the statutory period, subsequently the O.Ps appeared and filed written version along with a petition to set-aside the order and according to the order dt.29.03.2017, the set-aside petition is rejected and the O.Ps remained as ex-parte, but they have filed certain documents in their support.
4. In order to substantiate their pleas, the Complainant has filed certain documents as per list in support of his claim, whereas the O.Ps though have been set ex-parte filed certain documents in their support as mentioned earlier. Perused the same. It has been argued on behalf of the Complainant that on November-2015, the O.Ps made surprise checking of the Complainant’s electric connections and found no fault. Thereafter, they entered the house of the Complainant and found one damaged induction oven and imposed Rs.13,000/- (Rupees Thirteen Thousand only) fine to him. But, the Complainant was unable to clarify during argument that on which date his premises was inspected by the O.Ps. According to him, illegal bill on 14.12.2015 worth of Rs.13,000/- (Rupees Thirteen Thousand only) was handed over to him and he has filed the xerox copy of the same bill along with xerox copy of bill of October, 2015 of dt.30.11.2015 in this case. In the bill of October, 2015, unit consumption was 23 units amounting to Rs.119/- (Rupees One hundred nineteen only). In the bill of November, 2015, net amount was Rs.13,171/- (Rupees Thirteen Thousand one hundred seventy one only) and arrear was Rs.13,092.80 ps. (Rupees Thirteen Thousand Ninety two and eighty paisa only) and the arrear sundry details was Rs.12,974/- (Rupees Twelve Thousand nine hundred seventy four only). But, nowhere in such two bills exact amount of Rs.13,000/- (Rupees Thirteen Thousand only) was found. However, from the documents available in the case record filed by O.Ps (though they are set ex-parte) discloses about provisional assessment order, notice to Complainant about provisional assessment under 126 (1) and (2) of Electricity Act-2003 for unauthorized use of electricity amounting to Rs.21,830/- (Rupees Twenty one Thousand eight hundred thirty only) detected on 17.10.2015 and notice of Final assessment order under 126 (3) of Electricity Act-2003 for unauthorized use of electricity amounting to Rs.12,974/- (Rupees Twelve Thousand nine hundred seventy four only). The copy of the bill particulars also discloses about such amount of Rs.12,974/- (Rupees Twelve Thousand nine hundred seventy four only). So, it shows that Section-126 (1) of Electricity Act-2003 has been attracted in this case for unauthorized use of electricity, which is also indirectly admitted by the Complainant in his pleading. The para-4 of the pleading of the Complainant reads as follows- “That, the Complainant had/ has caused any bye-pass in connection of current to his residence”.
5. So, now on careful consideration of all the materials available in the case record, this Forum is nothing to interfere in this regard having no jurisdiction in view of the Authority reported in Civil Appeal No. 5466 of 2012 in the case of U.P. Power Corporation Ltd. & Ors. (Vrs.) Anis Ahmad and this Consumer case is liable to be dismissed. Hence, Ordered:-
O R D E R
The Consumer case is dismissed on ex-parte against the O.Ps, but in the peculiar circumstances without cost.
Pronounced in the open Forum on this day i.e. the 26th day of July, 2017 given under my Signature & Seal of the Forum.
