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, NESCO, Basta Division, Basta and O.P No.2 is the J.E, Electrical, NESCO, Basta.
2. The case of the Complainant in brief is that the Complainant is a domestic Consumer under the O.Ps bearing Consumer No.BR-58267 and was paying the electric bills regularly. The Complainant’s service wire was torned down being dashed by a running truck on 05.03.2013 and the Complainant immediately informed this matter to the O.Ps and the O.Ps repaired the same by putting M-seal and also assured him to change the service wire shortly. But, in the mean while, the authorised Officials of the O.Ps verified the premises of the Complainant and the O.Ps did not supply the bill for the month of March-2013. Suddenly on 11.05.2013, the Complainant received a bill of Rs.31,098/- (Rupees Thirty one thousand ninety eight) only from the O.Ps and came to know that erroneously an excess bill of Rs.20,803.20 ps. (Rupees Twenty thousand eight hundred three and twenty paisa) only has been charged against him. Then the Complainant approached the O.Ps to revise the said bill amount and the O.Ps directed the Complainant to deposit Rs.2,400/- (Rupees Two thousand four hundred) only. Accordingly, the Complainant deposited Rs.2,400/- (Rupees Two thousand four hundred) only on 20.11.2013, but the O.Ps did not revise the said bill amount after several request made by the Complainant, for which the Complainant sustained mental agony and harassment. Cause of action arose on 11.05.2013 and 03.02.2014. The Complainant has prayed for revision of illegal electric bill amount.
3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability. The O.Ps have submitted that on 26.04.2013, the authorized Officials of the O.Ps have verified the premises of the Complainant and found that the Complainant was availing power unauthorisedly by means of cutting the service wire before meter and extended extra wire for using heater and 0.5 HP motor. Thus, a spot verification report was prepared and the Complainant refused to sign on it. Accordingly, provisional assessment order U/s.126 of Electricity Act-2003 was prepared for Rs.20,803/- (Rupees Twenty thousand eight hundred three) only vide order No.462, dtd.26.04.2013 and the order was served to the Complainant and he was directed to file objection within 7 days of receipt of the order, but the Complainant failed to file objection against the assessment order. Thus, the final assessment order has been prepared vide letter No.590, dtd.24.05.2013 and served to the Complainant. An amount of Rs.30,217/- (Rupees Thirty thousand two hundred seventeen) only is lying outstanding against the Complainant. Moreover, a “complaint” against the assessment made by the assessing Officer U/s.126 or against the offences committed U/s.135 to 140 of the Electricity Act-2003 is not maintainable before a Consumer Forum. So, 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) 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 on 11.05.2013, the Complainant received a bill of Rs.31,098/- (Rupees Thirty one thousand ninety eight) only from the O.Ps, wherein an excess bill of Rs.20,803.20 ps. (Rupees Twenty thousand eight hundred three and twenty paisa) only has been illegally charged against him. Thus, the Complainant approached the O.Ps to revise the said bill amount and the O.Ps directed him to deposit Rs.2,400/- (Rupees Two thousand four hundred) only. Accordingly, the Complainant deposited Rs.2,400/- (Rupees Two thousand four hundred) only on 20.11.2013, but the O.Ps did not revise the said bill amount after several request made by the Complainant, for which the Complainant has filed this case in this Forum praying for revision of illegal electric bill amount. On the other hand, it has been argued on behalf of the O.Ps that the authorized Officials of the O.Ps have verified the premises of the Complainant on 26.04.2013, where they have detected that the Complainant was availing power unauthorisedly. Thus, a spot verification report was prepared and the Complainant refused to sign on it. Thereafter, observing necessary formalities of Law, provisional assessment U/s.126 of Electricity Act-2003 was prepared for Rs.20,803/- (Rupees Twenty thousand eight hundred three) only and accordingly, final assessment order was also prepared and both the order were duly served to the Complainant. An amount of Rs.30,217/- (Rupees Thirty thousand two hundred seventeen) only is also lying outstanding against 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 28th day of June, 2018 given under my Signature & Seal of the Forum.
