Haryana

Ambala

CC/80/2015

Shamsher Singh - Complainant(s)

Versus

UHBVN LTD - Opp.Party(s)

Vinod Bhardwaj

08 Jul 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMBALA.

   Complaint Case No.80 of 2015

   Date of Institution: 24.03.2015

   Date of Decision:  08.07.2015

Shamsher Singh Arya son of Sh. Dayal Singh R/o Ward No.6, Naraingarh, District Ambala.

            ……Complainant.        

Versus

1.         Managing Director, UHBVNL, Panchkula, Haryana, Chandigarh.

2.         S.D.O., UHBVNL, Naraingarh, District Ambala, Haryana.

3.         Ashok, J.E., UHBVNL, Naraingarh, District Ambala.

                                                                                                ……Opposite Parties

Complaint Under Section 12 of the Consumer Protection Act

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

                        SH. ANIL SHARMA, MEMBER.                                   

Present:          Nemo for complainant.

                        Sh.  C.M. Sehgal, Adv. for Ops.

ORDER.

1.                     Present complaint under Section 12 of the Consumer Protection Act, 1986 (as amended upto date), has been filed by the complainant alleging therein that he is running a shop of typing work near Old SDM Court, Naraingarh for the last 30 years and an electricity meter bearing No.36/780 is installed in the shop and he is paying his electricity bills regularly.  Complainant further submitted that due to some financial problem,  he could not deposit electricity bill for the last six months and in the month of November 2014,  he got deposited part payment of the bill for the said six months.  It has been further alleged that on 19.03.2015, Ashok, JE told him that his meter is running slow, so, to pay him some bribe otherwise he will implicate him in a case of theft of electricity. Accordingly, Ashok, JE, took the meter with him for checking and disconnected the electricity supply to the shop of complainant and not restored the same till filing of complaint.  Hence, the present complaint seeking relief as per prayer clause.  

2.                     Upon notice, OPs appeared through counsel and filed written statement raising preliminary objections qua non-maintainability of complaint since a theft case vide FIR No.369 dated 03.04.2015, P.S. I & P Ambala under Section 135 of Indian Electricity (Supply) Act,2003 has been registered against complainant and that the electricity connection being used for commercial purpose.  On merits, it has been urged  that on 19.03.2015, a raid was conducted by official of Ops and checking report LL-1 dated 19.03.2015 was prepared whereby they found a joint in main PVC wire before meter and white & red colour single core XL wires taped from joint to changeover installed in the main board and according to that an order of assessment under Section 135 of Electricity Act, 2003 bearing Memo No.SDONNG/2015/185 dated 21.03.2015 was issued to the complainant to pay a sum of Rs.1,05,517/- but he failed to compound the same and thus the electricity connection in question has not been restored.   As such, there is no any deficiency in service on the part of Ops.  Hence, a prayer for dismissal of the complaint has been made.

3.                     Complainant failed to tender any evidence in-spite of specific order  issued by Forum on 01.07.2015 to prove his case  whereas counsel for the Ops tendered affidavit of Sh. Vikas Bansal, SDO, (OP) Sub Division, UHBVNL, Naraingarh as Annexure RX alongwith documents as Annexures R-1 to R-4 and closed the  same on behalf of Ops.

                        However,  during the proceedings of the case, it has been brought to the notice of this Forum that such type of complaints are not maintainable before the Consumer Fora’s in view of the latest judgment delivered on July 1, 2013 by 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, whereby it has been 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, therfore, the “complaint” against assessment under Section 126  is not maintainable before the Consumer Forum. The Hon’ble 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”.

                        The counsel for the OPs  has submitted that the present case also pertains to theft of electricity as well as unauthorized use of electricity, thus  the complaint is not maintainable before a Consumer Forum.

                        In view of the observation made above by the Hon’ble Supreme Court of India, we hold that the “complaint” challenging the imposition of penalty  for unauthorized use of electricity is not maintainable before a Consumer Forum.  Hence, the present complaint is hereby dismissed accordingly with a liberty to the complainant to approach the appropriate Forum/Court, if so desires and in such a case, he can claim the benefit of the provisions of Section 14(2) of Limitation Act to exclude the period spent in prosecuting the proceedings under the Consumer Protection Act. Copies of this order be sent to the parties concerned free of costs, as per rules. File be consigned to the record room after due compliance.

 

ANNOUNCED:08/07/2015                                                                   Sd/-

                                                                                                    (A.K. SARDANA)

                                 PRESIDENT            

 

 

                                                                                                                Sd/-

                              (ANIL SHARMA)

                                                                                                            MEMBER