Sri B. C. Sahoo , Member - This is a complaint under section 12 of C.P Act filed by Sri Lokanath Pradhan of village Nuagaon under the limits of Nayagarh district with the following prayers ;
1. To direct the OPs not to collect arrear(penal) amount of Rs.68,448/-.38 paise.
2. To direct the OPs not to disconnect the power supply of the complainant.
3. To pay compensation of Rs.10,000/- for mental agony and Rs.5,000/- for litigation expenses.
The case in brief is that the complainant is a consumer vide consumer No.120302281443 under the OPs. On 29.4.2014 the squad of OPs entered into the house of complainant without any prior permission and without any inquiry the house assessed penal amount of Rs.68,448.38 paise.
The complainant alleges that there is no illegality on his part in his premises. But the OPs falsely have charged for using of electricity unauthorisedly from the service line of temple and have threatened to disconnect the power supply. The complainant being aggrieved with the action has filed this complainant with the prayer as mentioned above. The complainant has filed his evidence on affidavit and documents as per list and relied on his evidence on affidavit and documents filed by him.
The OPs have filed their written version and evidence on affidavit along with documents as per list . The OPs in their written version have stated that on 29.4.2014 the squad of opposite parties verified the premises of the complainant . During inquiry the squad found the complainant was availing power unauthorisedly from the temple service line and using heater and one big grinder of 2000 watts. The squad submitted a verification report which was signed by Rina Rani Pradhan W/o of Complainant, Lokanath Pradhan. The unathorised power consumed by the complainant was assessed as 4 KW. After the said physical verification by MRT squad provisional penal amount was assessed to an amount of Rs.68,448.38 paise and a notice under section 126 of Electricity Act , 2007 was issued on 29.4.2014 by OP No.1 asking for any objection from the complainant. The complainant filed an application on dated 6.5.2014. The penal amount has been reflected in the bill and the complainant paid Rs.10,000/- on 08.05.2014 against penal amount of Rs.68,448.38 paise. Thus there is no deficiency of service by the OPs. The OPs have ;prayed to dismiss the complaint with cost . They have relied on the evidence on affidavit and documents filed as per list.
On pleading of both lparties lthe following issues have come up for consideration.
1. Whether the penal amount assessed by OPs are illegal ?
2. Whether there is any deficiency in service on the part of OPs ?
3. Whether the complainant is entitled to any compensation ?
Findings
Issue No.1 & 2 : The fact of verification of MRT squad on 29-04-2014 in the premises of the complainant is not disputed by the complainant and the wife of the complainant has signed on the verification report. Availing unauthorised power supply from temple service line for using heater and big grinder as defected by the squad is also accepted by the complainant on interogation. Hence there is no illegality done on the part of OPs. Since the fact of unauthorised use of power is established the Ops are at liberty to take action as per provisions under Electricity Act, 2007. Accordingly the Op No. 1 issued notice to the complainant under section- 126 of the Act for unauthorised use of power. In the notice provisional assessment was made with opportunity to the complainant to make representation against such provisional assessment. Here no representation has been made by the complainant. But one Laxman Pradhan, who happens to be the elder brother of the complainant represented before the Op no. 1 on 06-05-2014 accepting his fault for unauthorised use of power and requested to exempt him from payment of penal amount assessed by Ops. The complainant also paid Rs 10,000/- on 08-05-2014 against assessment amount.
The Ld counsel for Ops referred a judgment of Hon'ble Supreme Court in the case No. civil Appeal No. 5466/2012 between UP Power Corporation Ltd. Vrs Anis Ahmed decided on 01-07-2013. The Hon'ble Supreme Court held that the Consumer Forum established under CP Act have no jurisdiction over the matter relating to the assessment of charges for unauthorised use of electricity. In view of said judgment of Hon'ble Supreme Court this Forum has no jurisdiction over this issue as unauthorised use of electricity has been established. The complainant may appeal before the Ops for any relief in this matter.
Issue No.3 : As explained above since the Ops have not committed any mistake and acted as per provision of the Electricity Act. The complainant is not entitled to any compensation and litigation expenses.
. Hence we order :
ORDER
The complaint is dismissed on contest without any cost.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 22nd December , 2014.
