The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the S.D.O, Jaleswar Electrical Division, Jaleswar, Balasore and O.P No.2 is the Executive Engineer, Jaleswar Electrical Division, Jaleswar, Balasore.
2. The case of the Complainant in brief is that the Complainant is a Consumer under the O.Ps bearing Consumer No.H20862 and paid the electricity dues of Rs.109/- (Rupees One hundred nine) only on 31.07.2014 and on 25.09.2014, the O.Ps issued electricity bill of Rs.21,075/- (Rupees Twenty one thousand seventy five) only for August, 2014 and ordered the Complainant to pay within 30.09.2014 i.e. within five days only. The electricity consumption is very less and as such, the condition of the meter is also O.K and Rs.20,804/- (Rupees Twenty thousand eight hundred four) only charged by the O.Ps is not explained to the Complainant at the O.Ps Office and also the O.Ps refused to receive the current electricity dues. The Complainant requested the O.Ps to wipe out the wrong amount of Rs.20,804/- (Rupees Twenty thousand eight hundred four) only through a representation letter on 16.02.2015, but till date no correction in the bill was made about excessive billing. The O.Ps served a disconnection notice on 17.03.2015 to the Complainant to pay the wrong bill of Rs.21,698/- (Rupees Twenty one thousand six hundred ninety eight) only within 15 days of receipt of the notice, or else, connection shall be disconnected. Cause of action arose on 17.03.2015. The Complainant has prayed to wipe out the wrong bill of Rs.21,698/- (Rupees Twenty one thousand six hundred ninety eight) only.
3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability as well as its jurisdiction. The O.Ps have further submitted that on 20.05.2014, a surprise checking was made by the O.Ps and detected that the Complainant was availing power supply unauthorisedly by hooking from the nearest L.T line for use of heater i.e. 1.5 K.W load. Thus, a spot verification report was prepared. Accordingly, provisional assessment U/s.126 (1) and (2) of I.E Act, 2003 was prepared for Rs.20,804/- (Rupees Twenty thousand eight hundred four) only and intimated to the Complainant and also informed him to file objection if any against the provisional assessment order, but the Complainant did not file any objection. Thus, the final assessment U/s.126 (3) of I.E Act, 2003 was prepared for Rs.20,804/- (Rupees Twenty thousand eight hundred four) only and directed the Complainant to pay the aforesaid amount within 30 days of receipt of this order. But, the Complainant has neither paid the assessed amount nor appealed before the appellate authority U/s.127 (1) of I.E Act, 2003, rather filed this case in the Forum. In addition, 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 I.E Act, 2003 is not maintainable before a Consumer Forum. So, the case of the Complainant 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) 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 25.09.2014, he received electricity bill of Rs.21,075/- (Rupees Twenty one thousand seventy five) only for August, 2014 from the O.Ps, where an amount of Rs.20,804/- (Rupees Twenty thousand eight hundred four) only was illegally charged by the O.Ps. Thereafter, the Complainant requested the O.Ps on 16.02.2015 to wipe out the wrong amount, but they did not pay any heed to it, rather served a disconnection notice on 17.03.2015 to the Complainant to pay the wrong bill of Rs.21,698/- (Rupees Twenty one thousand six hundred ninety eight) only within 15 days of receipt of the notice, or else, connection shall be disconnected. Thus, the Complainant has filed this case praying for waiving out the wrong bill amount. On the other hand, it has been argued on behalf of the O.Ps that on 20.05.2014, 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. Thereafter, observing necessary formalities of Law, provisional assessment order U/s.126 (1) and (2) of Electricity Act, 2003 was prepared for Rs.20,804/- (Rupees Twenty thousand eight hundred four) only and was served to the Complainant and also informed him to file objection against the assessment order. But, the Complainant has not filed any objection against the provisional assessment order and accordingly, final assessment order U/s.126 (3) of Electricity Act, 2003 was prepared and also 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 18th day of August, 2018 given under my Signature & Seal of the Forum.
