The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Superintending Engineer, Electrical, NESCO, Balia, O.P No.2 is the Executive Engineer, C.E.D, Balia, O.P No.3 is the S.D.O, R.E-1, Balia and O.P No.4 is the J.E, Electrical, Bidyadharpur, Balasore.

                    2. The case of the Complainant in brief is that the Complainant is a bonafide domestic Consumer under the O.Ps bearing Consumer No.324211010125 with a contract load of 1.5 K.W and was paying electric bills regularly to the O.Ps. But, an additional amount of Rs.22,083/- (Rupees Twenty two thousand eighty three) only was imposed illegally in the bill of August-2015 of the Complainant without any reason by the O.Ps. The Complainant approached the O.Ps several times for the rectification of the said bill, but the O.Ps did not pay any heed to it. So, the Complainant sent legal notice to the O.Ps, but after receipt of the notice, the O.Ps did not take any steps. So, the Complainant filed a case before the G.R.F on 19.02.2016. On 22.03.2016 for the first time, the Complainant came to know about the spot verification made by the O.Ps on 07.07.2015. As the O.Ps never served the spot verification report, provisional assessment order and final assessment order to the Complainant in time, he was unable to know about his penalty and he also could not go to the appellate authority in time, which amounts to deficiency-in-service. The Complainant has prayed for rectification of electric bill along with compensation. Neither the Complainant nor his Advocate was present at the time of hearing of this case though the Advocate for Complainant has filed a time petition.

                    3. Written version filed by the O.Ps through their Advocate denying on the point of maintainability as well as its cause of action. The O.Ps have further submitted that the vigilance squad of the O.Ps made a spot verification on 07.07.2015 in presence of the father of the Complainant and detected that the Complainant is availing power supply of 1.665 K.W against contract demand of 1.5 K.W and the body seal of the meter was tampered, meter body is open, there is also no T.P box. After spot verification, the report was given to the father of the Complainant, but he refused to receive the same. Thereafter, basing on the said report, provisional assessment U/s. 126(2) of Electricity Act-2003 amounting Rs.24,036.48 ps. (Rupees Twenty four thousand thirty six and forty eight paisa) only was prepared vide Order No.996, dtd.09.07.2015 and was served to the Complainant on 14.07.2015 with a liberty to file objection if any within 7 days, but the Complainant refused to receive the provisional order. Accordingly, the final assessment order vide Order No.1300, dtd.24.08.2015 was prepared imposing a penalty of Rs.22,083.13 ps. (Rupees Twenty two thousand eighty three and thirteen paisa) only upon the Complainant and was also served to the Complainant on 26.08.2015, but still it remains unchallenged by the Complainant, for which the Complainant is not a Consumer and he is not entitled to get any relief in this case. Moreover, a “complaint” against the assessment made by the Assessing Officer U/s.126 of the Electricity Act-2003 against the offences committed U/s.135 to 140 of the Act is not maintainable before a Consumer Forum. Neither the O.Ps nor their Advocate was present at the time of hearing of this case though the Advocate for O.Ps has filed hazira.

                    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) Whether there is any cause of action to file this case ?

(iii) To what relief the Complainant is entitled for ?

                    5. In order to substantiate their claim, the Complainant has filed certain documents as per list, whereas the O.Ps have not filed any document in their support. Perused the documents filed. Neither the Complainant nor his Advocate was present at the time of hearing of this case though the Advocate for the Complainant has filed a time petition. So, his pleading remains as it is. According to his pleading, the O.Ps have illegally charged an additional amount of Rs.22,083/- (Rupees Twenty two thousand eighty three) only in the bill of August-2015 of the Complainant without any reason. Thereafter, the Complainant has approached the O.Ps several times for rectification of the said bill, but the O.Ps did not pay any heed to it. So, the Complainant sent legal notice to the O.Ps, but after receipt of the notice, the O.Ps did not take any steps. Thus, the Complainant has filed a case before the G.R.F on 19.02.2016. On 22.03.2016, the Complainant came to know about the spot verification made by the O.Ps on 07.07.2015 and the O.Ps never served the spot verification report, provisional assessment order and final assessment order to the Complainant in time. So, he was unable to know about his penalty and he also could not go to the appellate authority in time, which amounts to deficiency-in-service on the part of the O.Ps, for which the Complainant has filed this case before this Forum praying for rectification of electric bill along with compensation. On the other hand, neither the O.Ps nor their Advocate was present at the time of hearing of this case though the Advocate for O.Ps has filed hazira. So, the pleading of the O.Ps also remains as it is. According to their pleading, the vigilance squad of the O.Ps made a spot verification on 07.07.2015 to the premises of the Complainant in presence of the father of the Complainant, where they have found that the Complainant was availing power supply of 1.665 K.W against contract demand of 1.5 K.W and the body seal of the meter was tampered, meter body is open, there was also no T.P box. Thus, spot verification report was prepared, which was given to the father of the Complainant, but he refused to receive the same. Thereafter, observing necessary formalities of Law, provisional assessment U/s. 126(2) of Electricity Act-2003 was prepared for an amount of Rs.24,036.48 ps. (Rupees Twenty four thousand thirty six and forty eight paisa) only vide Order No.996, dtd.09.07.2015 and was served to the Complainant on 14.07.2015. Accordingly, final assessment order vide Order No.1300, dtd.24.08.2015 was prepared for an amount of Rs.22,083.13 ps. (Rupees Twenty two thousand eighty three and thirteen paisa) only and the order was also served to the Complainant on 26.08.2015. But, the Complainant has neither complied the order 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 27th day of March, 2018 given under my Signature & Seal of the Forum.