(Passed on 21/12/2016)
Per Mr B A Shaikh, Hon’ble Presiding Member
1. This appeal is filed by the original opposite party (for short O.P.) against the order dated 31/03/2011, passed in consumer complaint No. 112/2010 by the District Consumer Forum, Wardha, by which complaint has been partly allowed and following direction has been given:
- The complaint is partly allowed.
- The O.P. has rendered deficient service.
- The O.P. shall restore the electric supply of the complainant within period of 15 days from date of receipt of copy of the order. No restoration charges be claimed for the same.
- The O.P. shall issue revised electric bill to the complainant as per the rate applicable for the domestic use of electricity, till the date of disconnection and complainant shall pay that revised bill, within 7 days and if any amount is already paid by the complainant, then same be adjusted in the revised bill.
- The O.P. shall pay to the complainant compensation of Rs. 2,000/- for physical and mental harassment and cost of Rs.1,000/-. If any amount of the bill is due from the complainant then said compensation of Rs. 2,000/- be adjusted towards the said amount due towards electric bill.
2. Learned advocate of both the parties have already filed their written notes of arguments which we have considered as their oral argument. We have also perused copies of entire record of the complaint filed with the appeal.
3. The learned advocate of the appellant relied on the decision of the Hon’ble Supreme Court in the case of U.P. Power Corporation and other Vs. Anis Ahmad, III(2013) CPJ 1 (SC) in support of his submission that as the disputed bill was issued under section 126 of the Electricity Act, 2003, the complaint is filed to challenge the same was not maintainable before the Forum. Thus according to him the Forum erred in entertaining the complaint and partly allowing the same.
4. On the other hand , the learned advocate of the respondent in his Written Notes of Arguments supported the impugned order and submitted that there is no merit in the appeal and hence, it may be dismissed.
5. Admittedly, the disputed bill was issued to the complainant by the O.P. as per provision of section 126 of the Electricity Act,2003. The O.P. had alleged that the complainant had obtained two electric connections i.e. one for domestic purpose and another for commercial purpose, but he used the domestic electric supply for commercial purpose and after due inspection of the same the disputed bill for commercial use has been issued vide under section 126 of the Electricity Act.
6. The Hon’ble Supreme Court in the aforesaid case very specifically laid down the law that the complaint made against the assessment made by assessing officer under section 126 or against the offences committed under sections 135 to 140 of the Electricity Act, 2003 is not maintainable before the Consumer Forum. We hold that the Forum has not considered the said legal aspect of the case and erred in entertaining the complaint which was filed to challenge the bill assessed under section 126 of Electricity Act, 2003. Thus on this sole ground the impugned order deserves to be set aside.
ORDER
i. The appeal is allowed.
ii. The impugned order is set aside. Complaint stands dismissed.
iii. The complainant is at liberty to approach the competent authority under the Electricity Act, 2003 for redressal of his grievance.
iv. No order as to cost in appeal
v. Copy of order be furnished to both the parties, free of cost.
