The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is the S.D.O, Electrical, Basta Division, Basta, Balasore and O.P No.2 is the J.E, Electrical, Basta, Balasore.

                    2. The case of the Complainant in brief is that the Complainant is a domestic consumer bearing Consumer No.IBD-1201 having contract demand of 1 K.W under the O.Ps and was paying electric bills regularly. The authorised officials of O.Ps made spot verification in the premises of the Complainant and broke the meter seal and verified the same. After verification, the O.Ps did not re-seal the meter. In the next month, the Complainant received a bill from the O.Ps and found that the O.Ps have enhanced the contract load from 1 K.W to 3 K.W. Then, the Complainant approached several times to re-seal the meter and to reduce load factor from 3 K.W to 1 K.W, but the O.Ps remained silent over the matter till the date of further inspection. Then, suddenly on 10.11.2014, the officials of the O.Ps made spot verification, but did not give the spot verification report to the Complainant. Then after two months, the O.Ps issued a monthly electric bill claiming the amount of Rs.26,267/- (Rupees Twenty six thousand two hundred sixty seven) only on average basis to the Complainant on 24.02.2015. Then, the Complainant immediately made protest on 02.03.2015 in writing to the O.Ps for revision of such erroneous bill and made request for re-verification of the meter, but the O.Ps did not pay any heed to it, causing mental agony and harassment to the Complainant. Cause of action arose on 10.11.2014, 26.02.2015 and on 02.03.2015. The Complainant has prayed for revision of electric bill.

                    3. The O.Ps have appeared in this case through their Advocate and they have filed their written version beyond the statutory period, for which the written version is not accepted. The O.Ps are also set ex-parte. Neither the O.Ps nor their Advocate was present at the time of hearing of this case.

                    4. In order to substantiate their claim, both the Parties have filed certain documents as per list. Perused the documents filed. It has been argued on behalf of the Complainant that after verification of the O.Ps in his premises, he received a bill from the O.Ps, where he has found that the O.Ps have enhanced the contract load from 1 K.W to 3 K.W. Thereafter, the Complainant approached several times to the O.Ps to reduce load factor from 3 K.W to 1 K.W, but the O.Ps remained silent in this matter. Again on 10.11.2014, the O.Ps have verified the premises of the Complainant and returned back without giving the spot verification report to the Complainant. Then after two months, the O.Ps issued a monthly electric bill claiming the amount of Rs.26,267/- (Rupees Twenty six thousand two hundred sixty seven) only on average basis to the Complainant on 24.02.2015, for which the Complainant immediately approached to the O.Ps for revision of such erroneous bill, but the O.Ps did not pay any heed to it, causing mental agony and harassment to the Complainant. Thus, the Complainant has filed this case praying for revision of electric bill. On the other hand, the O.Ps are set ex-parte as mentioned earlier. However, on perusal of the documents available in the case record, it shows that it is a case U/s.126 of Electricity Act, 2003 for unauthorized use of electricity and there is an assessment, for which this case is not maintainable before this Consumer Forum and the Complainant has neither complied the assessment order made by the O.Ps nor appealed before the appellate authority, rather filed this case in this Forum. So, when there is an assessment, this Forum has no jurisdiction to entertain the case and the Complainant is at liberty to approach the appropriate authority. However, in view of the authority reported in III (2013) CLT-55 (SC) in the case of Uttar Pradesh Power Corporation Limited & Ors. (Vrs.) Anis Ahmad, wherein it has been held by the Hon’ble Supreme Court of India that complaint against assessment made U/s.126 or action taken against those committing offences U/s.135 to 140 of Electricity Act, 2003, held, is not maintainable before a Consumer Forum. Civil Court’s jurisdiction to consider a suit with respect to the decision of assessing Officer U/s.126 or with respect to a decision of the appellate authority U/s.127 is barred U/s.145 of Electricity Act, 2003. Therefore, it is clear that after notice of provisional assessment to the person alleged to have indulged in unauthorized use of electricity, the final decision by an assessing officer, who is a public servant, on the assessment of ‘unauthorized use of electricity’ is a quasi-judicial decision and does not fall within the meaning of “consumer dispute” U/s. 2(1) (e) of Consumer Protection Act. Offences referred to in Sections-135 to 140 can be tried only by a Special Court constituted U/s.153 of Electricity Act, 2003, hence, also the complaint against any action taken under Sections-135 to 140 of Electricity Act, 2003 is not maintainable before Consumer Forum. By virtue of Section-3 of Consumer Protection Act, 1986 or Sections-173, 174 and 175 of Electricity Act, 2003, Consumer Forum cannot derive power to adjudicate a dispute in relation to assessment made U/s.126, or offences U/s.135 to 140 of Electricity Act, as the acts of indulging in “unauthorized use of electricity” do not fall within the meaning of “complaint” as defined U/s. 2(1) (c) of Consumer Protection Act, 1986.

                    5. 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, this Forum come to the conclusion that this Consumer case is not maintainable in this Forum, 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 along with an application for condonation of delay, if desired/ required. Hence, Ordered:-

                                                     O R D E R

                         The Consumer case is dismissed on ex-parte against the O.Ps, but in the peculiar circumstances without cost.  

                         Pronounced in the open Forum on this day i.e. the 21st day of August, 2018 given under my Signature & Seal of the Forum.