The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the Junior Engineer, Electrical, Chandaneswar Division, Chandaneswar, Balasore, O.P No.2 is the S.D.O, Electrical, Bhograi, Balasore and O.P No.3 is the Executive Engineer, Electrical, Jaleswar, Balasore.

                                     2. Factual matrix of the dispute is that the Complainant is a bonafide domestic BPL Electric Consumer under the O.Ps bearing Consumer No.RG-NAD-23845 and was paying his electric bills regularly up to October, 2013 to the O.Ps. But, in the month of December, 2013, a bill for Rs.12,320/- (Rupees Twelve Thousand Three hundred twenty) only was supplied by the O.Ps to the Complainant (current bill of Rs.65/- plus adjusted amount of Rs.12,255/-). The Sub-ordinate staffs on behalf of the O.Ps have imposed said adjusted amount of Rs.12,255/- (Rupees Twelve Thousand two hundred fifty five) only upon the Complainant without going deep and present meter position, which is quite whimsical and arbitrary in the eyes of Law and natural justice. The staffs of the O.Ps have not visited the premises of the Complainant nor detected any fault committed by the Complainant in any manner whatsoever. The Complainant has also intimated in written to the O.Ps about the said irregularities committed by the staffs of the O.Ps for correction of the above bill imposed by them. Thereafter, the Complainant had been to G.R.F, NESCO, Balasore. But the O.Ps have not initiated any steps for correction of the above said wrong bill even after several request made by the Complainant. The prayer of the Complainant is for deletion of entire adjusted amount of Rs.12,255/- (Rupees Twelve Thousand two hundred fifty five) only and award of compensation along with litigation cost.

                                     3. Written version filed by the O.Ps, where they have denied on the point of maintainability, jurisdiction as well as its cause of action. But, it is a fact that the Complainant is a domestic Consumer bearing Consumer No.RG-NAD-23845 with CD-0.50 K.W from the date of initial power supply. Both the O.Ps No.1 and 2 have verified the electrical installation including the energy meter of the Complainant on 02.11.2013 in the presence of the Complainant and found that the user was availing power supply illegally and unauthorised way by means of the service wire was cut before the meter and another red colour wire was connected with the cut point of the meter and the actual load is found to be 1.00 K.W (Meter Sl. No.850214) instead of 0.50 K.W. That indulgence of the user towards use of electricity is unauthorised and illegal, for which it has been booked u/s.126 of Electricity Act, 2003. As per the mandate of Law, a spot verification report was duly prepared on 02.11.2013 in presence of the representative and the same was duly signed by the Complainant (Copy of the verification report is annexed as Annexure-A). On the same day, the power supply was disconnected as per regulation-34 and 46 of the OERC distribution Code-2004 and the meter was seized. As per spot verification report, the assessing Officer assessed the penalty amount u/s.126 of Electricity Act, 2003 for the quantum of the Electricity theft and the final assessment order was prepared with an assessed amount of Rs.12,255/- (Rupees Twelve Thousand two hundred fifty five) only and served to the Complainant vide letter No.827, dt.23.11.2013. The O.Ps gave further submitted that when there is provision for appeal after final order made u/s.126 of Electricity Act, 2003 within 30 days of the said order for redressal of grievances (if any) of the Complainant to an appellate authority that is Electrical/ Dy. Electrical and Complainant without availing remedies available in the statute in u/s.127 of IE Act, 2003, he has filed the appeal before this Forum just to misguide the Forum.

                                     4. In view of the above averments of both the Parties, the points for determinations of this case are as follows:-

(i) Whether this Consumer case is maintainable as per Law ?

(ii) Whether there is any cause of action to file this case ?

(iii) To what relief the Complainant is entitled for ?    

                                     5. In order to substantiate their pleas, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that the O.Ps have suddenly supplied excess bills of Rs.12,255/- (Rupees Twelve Thousand two hundred fifty five) only in the month of December, 2013 excluding the current bill of Rs.65/- (Rupees Sixty five) only. After repeated request by the Complainant, the O.Ps did not waive out such illegal and unnecessary amount of Rs.12,255/- (Rupees Twelve Thousand two hundred fifty five) only, which amounts to deficiency of service on the part of the O.Ps, for which the Complainant has filed this case praying for exemption of illegal amount of Rs.12,255/- (Rupees Twelve Thousand two hundred fifty five) only along with compensation and litigation cost. On the other hand, it has been argued on behalf of the O.Ps that it is a case of U/s.126 of Electricity Act, 2003 for unauthorized use of electricity and accordingly, after spot verification, provisional assessment has been made and after giving scope to the Complainant, final assessment has been prepared. Perused the documents like spot verification report, provisional assessment order and final assessment order, which are available in the case record vide Annexure-A, Annexure-B and Annexure-C respectively. So, this case is not maintainable before this Forum and the Complainant is at liberty to approach the appropriate authority as per U/s.127 of Electricity Act, 2003. The Advocate for Complainant has argued that the spot verification report was not supplied to him. But, the spot verification report available in the case record is not clear to show that the Complainant has received the same report. But, on careful looking of it, some endorsement is available regarding receiving of the report copy, which is not legible. The provisional assessment order and final assessment order do not disclose about the supply of these documents to the Complainant. According to Section-171 of Electricity Act, 2003, practice adopted for service of notices, orders or documents have been mentioned. In case of provisional assessment and final assessment, such provisional assessment is not duly complied by the O.Ps. However, in the Authority reported in Civil Appeal No.5466 of 2012 in the case of U.P Power Corporation Ltd. & Ors. (Vrs.) Anis Ahmad, where in it has been held by the Hon’ble Supreme Court of India that the acts of indulgence in “unauthorized use of Electricity” as defined U/s.126 of Electricity Act, 2003 do not fall within the meaning of “complaint” as defined U/s. 2(1)(c) of the C.P Act, 1986. It has been also held that in case of inconsistency between the Electricity Act, 2003 and the Consumer Protection Act, 1986, the provisions of C.P Act will prevail, but ipso facto it will not vest the Consumer Forum with the power to redress any dispute with regard to the matters which do not come within the meaning of “service” as defined U/s. 2(1)(o) or “complaint” as defined U/s.2 (1)(c) of the C.P Act, 1986. A “complaint” against the assessment made by assessing officer U/s.126 of the Electricity Act, 2003 is not maintainable before a Consumer Forum. 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" U/s. 2(1)(d) of the C.P Act, 1986 or the Central Government or the State Government or association of consumers but it is limited to the dispute relating to "unfair trade practice" 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 this case, there is no question of unfair trade practice found against the O.Ps or deficiency of service on the part of the O.Ps.          

                                     6. So, now on careful consideration of all the materials available in the case record and on the basis of principle laid down by the above Authority as discussed earlier, now this Forum come to the conclusion that this Consumer case is not maintainable in this Forum and there is no cause of action to file this case, for which the Complainant is not entitled for any relief as prayed for and accordingly, this Consumer case is liable to be dismissed. However, the Complainant is at liberty to approach the appropriate authority as per U/s.127 of Electricity Act, 2003 for relief, if desired. Hence, Ordered:-   

                                                     O R D E R

                                         The Consumer case is dismissed on contest against the O.Ps, but in the peculiar circumstances without any cost.   

                                         Pronounced in the open Forum on this day i.e. the 5th day of September, 2017 given under my Signature & Seal of the Forum.