DATE OF DISPOSAL: 20.12.2023

PER:   SRI SATISH KUMAR PANIGRAHI, PRESIDENT: 

The fact of the case in brief is that the complainants have filed this Consumer complaint under section 35 of the Consumer Protection Act, 2019 alleging deficiency in service against  the Opposite Parties (in short O.Ps.) and for redressal of her grievance before this Commission.

2. The complaint against letter No. 3957 dated 09.11.2022 and 3920dated 09.11.2022 for imposition of penalty as the both the meters are O.K. verified by the local meter reader each and every month since long and the rent and power cost is deposited regularly. On the date of verification by the Vigilance Authority in absence of the owner of the building as all the gates are locked. The officials did not know what are the installation like light fan tube lights etc. There is no business is going on since beginning of the building. So the question of imposition of penalty on commercial basis does not arise. Hence the complainant requested the concerned authority to review the same and give him award justice.

3. The O.Ps filed written version through his advocate. It is stated that the allegations raised in the complaint of the complainant are all not true and correct and the allegations those are not specifically admitted by the O.P. are deemed to be denied and the complainant is put to strict proof of all such allegations before the learned Commission. The electricity connection having Consumer No. 341203280194 stands recorded in the name of Sujata Manjari Beherea and the electricity connection having Consumer No.341203280195 stands recorded in the name of Panchanan Behera under the Electrical Sub-Division, Gopalpur, TPSODL, Berhampur. The present complaint is filed by both the complainant challenging the provisional assessment order No.3957 and provisional assessment order Nol. 3920 dated 09.11.2022 and this Commission have no jurisdiction to adjudicate the present disputes being the matter of assessment made under Section 126 of the Electricity Act, 2003. Admittedly on 04.11.2020 the technical experts of vigilance team of City Electrical Circle inspected the meter and service wire in the premises of the Consumer No. 3412-0328-0194 and 3412-0328-0195. During the course of inspection, the inspection team detected that the complainants were availing power supply for commercial purpose (Consumer No. 3412-0328-0194 for boys’ hostel and Consumer No.3412-0328-0195 for Lucky agency godown) although permission was sanctioned for using power supply for domestic purpose. In other words, the complainants were using power supply other than the purpose for which it was allowed. Hence the inspection team recommended for change of category of both the complainants from domestic to GP (LT)/Commercial category. After inspection, the inspection team prepared the inspection report (physical verification report) on the spot and a copy of the said inspection report has been served upon the complainants on the spot who received the same but refused to sign in the original inspection report as a token of acknowledgement. The O.P. being the assessing officer empowered u/s 126 of the Electricity Act, 2003 assessed the loss caused due to such unauthorized use of electricity. The O.P. made provisional assessment U/s 126 Electricity Act, 2003 vide Provisional Assessment Order No. 3957 & 3920dated 09.11.2022 to the tune of Rs.33,159/- & Rs.760/-against the complainant Sujata Manjari Behera and Panchanan Behera and served the said provisional assessment orders along with detail calculation sheet through registered post in the name of both the complainants inviting them to file objection against the provisional order within 7 days of receipt thereof and to avail the opportunity of hearing on their objection.  Both the complainants though filed their objection but they did not present before the assessing officer for hearing. Hence the assessing officer made final assessment to the tune of Rs.25,853/-against Consumer No.3412-0328-0195 on 06.02.2022 and Rs.480/- against Consumer No.3412-0328-0195 on 06.02.2022 and served the same on both the complainants through registered post. As the consumers were failed to deposit the above mentioned final assessment amount, it was added in the electricity bill of the respective consumers. It is clear from the above facts thatthe consumer-complainants were unauthorized using power supply for commercial purpose although they are allowed to use the same for domestic purpose, but intentionally they have filed this present case without any cause of action only escape themselves from the liability of payment of the assessed amount duly assessed strictly following the provisions of the Electricity Act, 2003, Rules, Regulations and Tariff orders framed and published there under. The complainants have in fact no grievance either in regard to any defect or deficiency in supply of electricity, rather they are aggrieved by the action of the O.P.No.1 in drawing the proceeding u/s 126 of the Electricity Act, 2003. Hence such a complaint does not fulfill the essential requirement of either being a consumer within the meaning of Consumer Protection Act as per the directives of the Hon’ble Supreme Court of India. The Hon’ble Commission has no jurisdiction to entertain the complaint of the complainants, as the subject matter of dispute is coming under the purview of Secteiion-126 of the Electricity Act, 2003. The Electricity Act for redressal of any grievance against the final order of assessment as regard to unauthorized use of electricity. The complainants without exhausting the same directly approached the Hon’ble Commission, as such the complaint is not maintainable and liable to be dismissed.

4. While matter stood thus, on 26.09.2023 the authorized representative of the complainant filed a memo that the complainants paid Rs.32,000/- towards penalty charges and requested to withdraw the case. We heard the memo and allowed the memo.

In the result we closed the case. No order as to cost and compensation.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019 or they may download same from the www.confonet.nic.in to treat the same as if copy of the order received from this Commission.

The file is to be consigned to the record room along with a copy of this Judgment.

Pronounced on 20.12.2023.