Haryana

Ambala

CC/167/2016

Prem Chand - Complainant(s)

Versus

UHBVN Ltd. - Opp.Party(s)

Sunil Verma GPA

14 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

                                                                                                                   Complaint Case No. :    167 of 2016

      Date of Institution    :     30.03.2016

                                                       Date of Decision      :     14.06.2016

 

Prem Chand son of late Shri Goverdhan Dass, R/o H.No.3854, Kachha Bazar, Ambala Cantt through his son Sunil Verma.

……Complainant.

 

Versus

 

1.         Uttar Haryana Bijli Vitran Nigam Limited West, Ambala Cantt through SDO/Executive Engineer.

 

2.         X.en. Uttar Haryana Bijli Vitran Nigam Limited West, Ambala Cantt Division –I at 12 Cross Road, Ambala Cntt.

 

3.         Chairman Uttar Haryana Bijli Vitran Nigam Limited, Shakti Bhawan, Panchkula (Haryana).

 

……Opposite Parties

 

Complaint Under Section 12 of the Consumer Protection Act

 

CORAM:        SH. A.K. SARDANA, PRESIDENT.

                        SH. PUSHPENDER KUMAR, MEMBER.

                       

Present:          Sh. Sunil Kumar authorized representative for complainant.

                        Sh. Vivek Sachdeva, Adv. counsel for Ops.

 

ORDER.

 

                        Present complaint has been filed by complainant averring therein that  he is consumer of Ops vide electricity connection no.7792110000 (old account no.2111402UOD192442)  installed at his premises for the last about 43-44 years and complainant is paying bills regularly. It has been contended by the complainant that on 06.01.2016, Ops came to the house of complainant and installed a new meter after removing the previous meter and took his signatures on checking report LL-1 dated 06.01.2016 and at that time meter reading was 8622 and status of the meter was OK. It has been further contended that on 07.03.2016, complainant received a bill from the Op which was deposited by him but on 18.03.2016,  he received a notice from Ops qua theft of electricity whereby Ops demanded a sum of Rs.38306/- + Rs.8000/- as penalty but the Ops did not waive off the same despite repeated requests of the complainant. Hence, having no alternative, complainant has preferred the present complaint.

2.                     Upon notice, Ops appeared through counsel and tendered a reply raising preliminary objections qua non-maintainability of complaint since it is barred  by jurisdiction being a case of theft of electricity as clear from contents of Checking report LL-1 read with report of M&T lab, further  resulting into order of assessment issued against the complainant and thus prayed for dismissal of complaint  with costs.

3.                      We have perused the documents placed on file by Ops i.e. checking report LL-1 dated 06.01.2016, Report of M&T Lab & Order of Assessment issued vide Memo Nos.5493,5493-B &5493-C dated 31.03.2016 wherefrom it  appears that it is a case of indulgence in unauthorized use of the electricity by complainant barring the maintainability of complaint before the Consumer Fora as The Hon’ble Supreme Court of India in Civil Appeal No.5466 of 2012 arising out of SLP (C) No.35906 of 2011 titled as U.P. Power Corporation Ltd.& Ors. Vs.Anis Ahmad, has specifically held in para No.46 of the judgment that “the acts of indulgence  in “unauthorized use of electricity” by a person as defined in clause (b) of the Explanation below Section 126 of the Electricity Act, 2003 neither has any relationship with “unfair trade practice” or “deficiency in service” nor does it amounts to hazardous services by the licensee. Such acts of “unauthorized use of electricity” has nothing to do with charging price in excess of the price. Therefore, acts of person in indulging in ‘unauthorized use of electricity’ do not fall within the meaning of “complaint” as we have noticed above and, therefore, the “complaint” against assessment under Section 126  is not maintainable before the Consumer Forum. The Commission has already noticed that the offences referred to in Section 135 to 140 can be tried only by a Special Court constituted under Section 153 of the Electricity Act, 2003. In that view of the matter also the complaint against any action taken under Sections 135 to 140 of the Electricity Act, 2003 is not maintainable before the Consumer Forum”.

                        In view of the legal position enunciated above, we hold that the “complaint” against the assessment made by the assessing officer under Section 126 or against the offences committed under Section 135 to 140 of the Electricity Act, 2003 is not maintainable before a Consumer Forum.  Hence, the present complaint is disposed of accordingly with a liberty to the complainant to approach the appropriate Forum/Court and he would be entitled to the benefit of the provision of Section 14(2) of Limitation Act for the period during which proceedings  remained pending before this Forum.  Copies of this order be sent to the parties free of costs. File be consigned to the record room after due compliance.

ANNOUNCED:14.06.2016                                                              Sd/-

                                                                                                   (A.K. SARDANA)

                                 PRESIDENT                

 

                                                                                          SD/-

        (PUSHPENDER KUMAR)

                                                                                                            MEMBER