BSES POWER LIMITED vs RAJESHWAR SINGH CHAUHAN

THE present appeal has been filed assailing the order of District Forum-III, Janakpuri, New Delhi dated 13.9.2002 passed in Complaint Case No. 14/2002 - entitled Shri Rajeshwar Singh Chauhan v. I.G. Enforcement & Anr.

THE relevant facts of the case, in brief, are that the domestic connection bearing K. No. NA 001/1225408/J-362-DL was installed at the premises of the respondent and on the basis of a raid conducted by the appellant on 3.1.2001, a bill for Rs. 26,941/- was raised against the respondent. THE respondent paid the said bill for theft of electricity but challenged the sfbame before the District Forum by filing a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as ''the Act''). The defence of the O.P. in its reply/written version filed before the District Forum was that a joint inspection was carried out by the Enforcement Department of the appellant on 3.1.2001. The meter in question was found to be tampered and since the recorded consumption showed an average of 165 units per month as against the computed consumption of 877 units per month on the basis of the connected load, the respondent raised the FAE bill amounting to Rs. 26,941/- and as such there was no deficiency in service on the part of the appellant and the complaint filed by the complainant was liable to be dismissed with costs.

The learned District Forum on the basis of material on record held that there had been deficiency in service on the part of the respondent and as such directed the appellant to refund the amount of Rs. 26,941/- together with interest @ 9% p.a. from the date of deposit till realization along with Rs. 500/- as costs.

AGGRIEVED by the above said order, the appellant has preferred the present appeal. We have carefully gone through the documents/material placed on record, as well as, heard the arguments advanced on behalf of the parties at length. It is contended on behalf of the appellant as a preliminary issue that the dispute raised by the respondent in the present complaint filed before the District Forum could not have been entertained by the District Forum, under the Act, as the same is not a ''consumer dispute'' since it relates to the Fraudulent Abstraction of Energy (FAE). So far as the said contention of the appellant is concerned, this Commission has already in the case entitled Delhi Vidyut Board v. D.N. Shukla & Ors., Appeal No. 3375/2000, held that a dispute relating to FAE is not a ''Consumer Dispute'' and the complainant in such case is not a Consumer, as defined under the Act. Thus, the same cannot be entertained and adjudicated upon by a redressal agency established under the Act.

THEREFORE, for the detailed reasons recorded in the aforesaid decision of this Commission dated 19.12.2002 (copy attached), the present appeal filed by the appellant is allowed and the impugned order of the learned District Forum is hereby set aside. However, the respondent is given the liberty to seek the redressal of his grievances before any other Forum/Civil Court as he may be advised. In the peculiar facts and circumstances of this case the parties are left to bear their own costs. Appeal allowed.