BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KAITHAL.

Complaint no.68/15.

Date of instt.: 13.04.2015. 

                                                 Date of Decision: 22.04.2016.

Raj Kumar son of Sh. Ram Parkash resident of Mahadev Colony, near Gulati Soap Factory, Kaithal, Tehsil and District Kaithal.

                                                        ……….Complainant.     

                                        Versus

S.D.O. (Op) Kaithal No.1, Uttar Haryana Bijli Vitran Nigam, Siwan Gate, Kaithal.

..……..Opposite Party.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986. 

Before:           Sh. Jagmal Singh, President.

                        Sh. Rajbir Singh, Member.

     Smt. Harisha Mehta, Member.

Present :        Sh. Manu Ram, Advocate for complainant.

Sh. A.K.Khurania, Advocate for the opposite party.

                       ORDER

(RAJBIR SINGH, MEMBER).

                       The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986, with the averments that he is consumer of Op vide electricity connection No.KZ-22-3186 and has been paying the bills regularly.  It is alleged that on 05.01.2015 the officials of Op checked the meter of complainant, which was correct in all respect but the said officials made a false report of tampering of seal and refixed with adhesive.   It is further alleged that the said officials removed the electric meter of complainant and replaced it with another meter.  It is further alleged that after some days, the complainant received a notice dt. 18.02.2015 under Section 135 of Electricity Act, 2003 in which an amount of Rs.22,665/- was imposed and another notice for sum of Rs.4,000/- as compounding amount was also sent by the Op to the complainant.  This way, the Op is deficient in service.  Hence, this complaint is filed.   

2.     Upon notice, the opposite party appeared before this forum and filed written statement raising preliminary objections with regard to maintainability; cause of action; locus-standi; that the complainant has concealed the true and material facts from this Forum.  The true facts are that the checking report dt. 05.01.2015 was prepared by the checking party in the presence of complainant on the spot and the same was duly signed by him.  The checking party found that “Meter M & T seals tampered and refixed with adhesive.  So, suspected theft.  The meter removed and packed in card board box and sealed with cello tape for checking of accuracy and internal checking.  Meter sent to M & T lab”.  The orders of assessment by licensee for offence of theft under Section 135 of Electricity Act, 2003 dt. 18.02.2015 for sum of Rs.22,665/- and notice for compounding the offence of theft under Section 152 of Electricity Act, 2003 dt. 18.02.2015 for sum of Rs.4,000/- were served upon the complainant.  There is no deficiency in service on the part of answering Ops.  On merits, the contents of complaint are denied and so, prayed for dismissal of complaint.    

3.     In support of his case, the complainant tendered in evidence affidavit Ex.CW1/A and documents Ex.C1 to Ex.C6 and closed evidence on 14.10.2015.  On the other hand, the Op did not tender any evidence despite availing several opportunities, so, the evidence of Op was closed vide court order dt. 02.03.2016. 

4.     We have heard ld. counsel for both the parties and perused the case file carefully and minutely and have also gone through the evidence led by the parties.

5.     On appraisal of the pleadings, evidence and rival contentions of both the parties, it is not disputed that the complainant is having electricity connection No.KZ-22-3186.  The dispute between the parties is with regard to notice dt. 18.02.2015 for sum of Rs.22,665/-.  The complainant has challenged the said notice.  From perusal of checking report dt. 05.01.2015, Ex.C1, the checking party found that “Meter M & T seals tampered and refixed with adhesive.  So, suspected theft.  The meter removed and packed in card board box and sealed with ceilo tape for checking of accuracy and internal checking.  Meter sent to M & T lab”.  The complainant has also put his signatures on the checking report.  A notice bearing memo No.SD1KT/2015/287 dt. 18.02.2015 under Section 135 of Electricity Act, 2003, Ex.C2 was given to the complainant as he was indulged in theft of energy.  So, it is crystal clear that the said case is of theft of energy.  In this regard, we rely upon the authority cited in 2013(3) CLT page 227 titled as UP Power Corporation Ltd. Vs. Anis Ahmad decided by Hon’ble Supreme Court.  In head-note 13(b) of this authority, it is mentioned as under:-

(b)            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.

The said authority is fully applicable to the present case and the present complaint is not maintainable before this Forum. 

6.     Thus, as a sequel of above discussion, we dismiss the complaint.  However, the complainant is at liberty to approach at appropriate Court/Forum if he so desired and in that eventuality, the period of litigation before this Forum shall not be counted towards the period of limitation for approaching appropriate court/forum. Exemption of time spent before this Forum is granted  in terms of the judgment of the Hon’ble Supreme Court of India in the case titled “Laxmi Engineering Works versus PSG Industrial Institute  (1995) 3 SCC page 583.  No order as to costs.  A copy of this order be supplied to the parties free of costs.  File be consigned to record room after due compliance.

Announced.

Dt.22.04.2016.

                                                                (Jagmal Singh),

                                                                President.

                (Harisha Mehta),     (Rajbir Singh),       

                        Member.         Member.