Complainant has filed the present complaint alleging therein that complainant received  an electricity bill for the amount of about Rs.85000/- in the month of December 2014 and thereafter he  contacted OP No.1 who told that there is an excess amount  of rupees about 35,000/- in it but failed to supply the corrected bill for payment of the same and in the absence of any correct bill, the complainant is not in a position to make the payment of the said bill and thus electricity connection to the premises of the complainant  house has been disconnected.  It has been further pleaded in para No.4 of the complaint  that a vigilance raid was  conducted on the premises of the complainant during February 2014 and the OP No.2 i.e. SHO, Vigilance Wing, HSEB has been threatening to complainant  for making payment of Rs.51585/- otherwise he would be arrested due to non-payment of the said amount and due to said threat of the OP No.2, the complainant apprehend his arrest, and if he is arrested he would  suffer irreparable loss to his reputaton and business.  As such, the complainant has prayed for direction be issued to the Ops to supply fresh corrected bill of electricity and not to threat to arrest due to non-payment of  any inflated bill and further  to restore the electricity connection  already disconnected. Alongwith the complaint, the complainant has annexed three bills  issued by the Ops on 20.01.2012, 30.05.2012 and 13.07.2012 wherein the  consumption charges of the electricity are  standing due towards the complainant  wherefrom it is presumed that the aforesaid  electricity connection has been disconnected by the Ops  due to non-payment of the  consumption charges in 2012 after  raid of vigilance.

                        Heard to the complainant who is present in the court. He stated before the Forum that the raid was conducted  at his house and they have made case regarding theft of electricity against him  but no any document /FIR has been supplied to him till date  inspite of  visiting Ops by him many times.  

                        Keeping in view of the facts narrated above, we are of the confirmed view that this Forum cannot grant any relief qua arrest apprehended by the complainant, if any, at the hands of Ops.  Furthermore, in view of the landmark 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, 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”, this Forum lacks jurisdiction to hear the complaint under due provisions of Consumer Protection Act.

                        Hence, the present complaint is not maintainable and disposed of accordingly with a liberty to the complainant to approach the appropriate Special Court/Authority. Copies of this order be sent to the parties free of costs. File be consigned to the record room after due compliance.

Announced: 30.01.2015