Smt. Sarita Tripathy, Member - Complainant Gangadhar Nayak invoked the jurisdiction of this Forum filing a complaint on 29.12.2014 with following prayers: For the ends of justice, the Hon' ble Forum may be pleased to direct the OPs to give compensation of Rs.23,000/- as per claim balance and injunct the OPs from causing disconnection of domestic electric supply line till disposal of the case and direct the OPs from causing any illegal demand while payment of recent electric bills demanded December, 2014 dated 11.12.2014 of Rs.254/- and not to make any illegal assessment on the notice dated 12.12.2014 on the above grounds .
The OP No.3 is the Junior Engineer working under OP No.1 & 2 who are Executive Engineer and SDO Electrical CESU respectively.
The case of complainant is that in respect of their residence his Late father Basanta Kumar Nayak is the consumer bearing consumer No.03222488. The permitted load capacity is l2.5 KW . His father was a bonafied consumer. After his death complainant as a son ;continue to pay the bills on consumption of electricity without any default. On 12.12.2014 on the ground of phase reverse in service wire the meter was declared defective and complainant was called on to the office of OP. On 22.1.2.2014 in the office the OPs demanded illegally Rs.20000/- and when complainant refused, they threatened to disconnect the supply line . On account of that the complainant suffered mental harassment and has made the above prayer in this complaint.
The complainant had filed the copy of physical verification of electrical installation report No.182 dated 12.12.2014 in which the complaint is found to have been signed. It is remarked there in that assessment and action should me made as per rules. He has also filed the 3 electric bills.
The Ops have filed written version jointly denying the allegation as baseless and it is admitted that on 12.12.2014 the physical verification was done by MRT squad and the meter was found defective on ground of phase reversal and the complainant on being called on had not filled any objection before concerned officer within 7 days as a result of which penal amount of Rs.28829/- was charged.
It may be stated that OP has filed such bill as a Annexure of his written argument. In the written version the OP has questioned the maintainability of proceeding citing the Hon'ble Supreme court decision in Anis Ahamad case.
The photograph of physical verification of meter also filed by the OPs.
In course of hearing the decision of UP Power Corporation Ltd and others vs Anis Ahamad judgment of Hon'ble Supreme court on 01.7.2013 lis not questioned . In the premises for the facts stated above the point for determination is -
Whether the relief as claimed in the complaint is maintainable in this consumer Forum ?
In the Anais Ahamad case their lord ship have categorically observed
in Para – 47 that
(i) In case of inconsistency between the Electricity Act 2003 and the consumer Protection Act 1986 the provision of C.P Act will prevail but ipso facto it will not vest the Consumer Forum with the power to redsress any dispute with regard to the matters which do not came within the meaning of “ Service ” as defined under section 2(1)(0) or “ complainant ” as defined under Section 2(1) ( c )of the C.P Act 1986.
(ii) A “complaint” against the assessment made by 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 .
(iii) The Electricity Act 2003 and the C.P Act 1986 runs parallel for giving redressal to any person, who falls within the meaning of “Consumer” under Section 2(1)(d) of the C.P Act 1986 or the Central Govt. or the State Govt or association or Consumers but it is limited to the dispute relating the “unfair trade partice” or a “ restrictive trade practice adopted by the service provider” or “if the Consumer suffers from deficiency in service”, or “ hazardous service ”; “or the service provider has charged a price in excess of the price fixed by or under any law.”
In view of categorical and authoritative pronouncement of the Hon'ble Supreme Court, the complaint is not maintainable. In the result the complaint stands dismissed without prejudice the complainant's right to approach the appellate authority under electricity Act 2003 which shall exclude the period, spent by the complainant before this Forum while complaining the period of limitation. Hence we order :
ORDER
The complaint is dismissed without any cost.
Issue free copy to the parties.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 30th March, 2015
