Today is fixed for order.
Ld. Advocate of the parties are present.
The case record is taken up for order over injunction petition etc.
Admittedly, the complainant is a Industrial Consumer under W.B.S.E.D.C.L having ID No-432115386 & Meter No-LF533404 for running a Husking Mill.
Payment receipts shows that he paid bill of electricity charges for April, 2019 of Rs.1035/- on 17.04.2019 & June, 2019 of Rs.1040/- on 27.06.2019.
The case of the complainant is that O.P.No:1 suddenly sent a provisional assessment bill to the complainant in the month of August, 2019 of Rs.12,53,734/- on 01.08.2019 after receiving the said bill he was shocked & lodged a written complaint on 29.08.2019 to O.P.No:1 but O.P.No:1 though received the same did not provide any receipt thereof. Xerox copy of written complaint dated 29.08.2019 is produced.
The xerox copy of provisional assessment bill is produced by both the parties wherefrom we find Date of Inspection: 01.08.2019 (not FIR), Type of Abnormality: Pilferage of energy through meter bypass.
It is un-disputed that the complainant did not lodge complaint against said provisional assessment bill within 30 days of receipt thereof as prescribed U/s 126(3) of Electricity Act, 2003.
The complainant stated that in October-2023 (on 01.10.2023) the service connection of the complainant was disconnected by the O.P’s men illegally & subsequent monthly bill become increased rapidly so he lodged another written complaint dated 06.11.2023 to O.P.No:1 to take necessary action & to reconnect his service connection but O.P.No:1 did not give any heed.
It is apparent that as a result, hearing for final assessment could not be done from the part of W.B.S.E.D.C.L & complainant’s service connection got disconnected due to total OSD 14,45,461.30 as claimed by O.P side.
Under the provisions of Clause 3.5 of Notification No. 55/W.B.E.R.C dated 7th August, 2013 the District Commission should not have entertained the complaint as there was specific provision to ventilate the grievances before the Regional Grievances Redressal Officer or Central Grievances Redressal Officer or to an Ombudsman, as the case may be.
The complainant without invoking the Clause 3.5, mentioned above lodged this case for getting redressal.
Section 145 of Electricity Act, 2003 runs as-
No Civil Court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an assessing officer referred to in section 126 or an appellate authority referred to in section 127 or the adjudicating officer appointed under this Act is empowered by or under this Act to determine and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.
Having considered the case of the parties we are of the view that no injunction shall be granted in favor of the complainant & the complaint petition/case is not maintainable as per provisions of Electricity Act.
Hence, it is
O r d e r e d
that the injunction petition filed by the complainant is rejected on contest & the complaint case number CC-26/24 be and the same is dismissed being not maintainable having no jurisdiction of this Commission.
The case is disposed off/dismissed finally.
Let a copy of this order be given to the parties free of cost.
