DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD vs AJAY KUMAR

THIS revision petition has been filed by the petitioner against the order dated 1.3.2007 passed by the State Consumer Disputes Redressal Commission, UT Chandigarh (in short, ''the State Commission'') in RBT No. 274/06 in Appeal No. 1883/2000 Executive Engineer, ''OP'' Division, Bhattu Road, Fatehabad, Dakshin Haryana Bijli Vitran Nigam Ltd. and Anr. Vs. Ajay Kumar by which, while dismissing appeal, order of District forum allowing complaint was upheld.

BRIEF facts of the case are that complainant/Respondent had electricity connection from OP/petitioner for running his Cotton Ginning and General Mills and had taken 19 KW by which 20 BHP electric motor could be run. It was further submitted that time to time payments of electricity charges were made. Other members of complainant''s family had also installed their units of ginning and rice sheller in the same premises with separate connection. On 19.1.2002, OP officials inspected premises and fixed load of consumption of electricity as 57.45 KW, i.e., 75 BHP and was directed to pay Rs.61,200/ -. Complainant approached Civil Court and as per directions of Civil Court, deposited 50% of the amount on 1.2.2000 with OP. It was further submitted that after 2 -3 days, officials of OP again inspected premises in presence of complainant''s father and took away meter and also created forcibly hole in the left side of the meter. In report of M&T Lab, it was stated that there was hole and causes to stop reading by inserting some foreign material. On that basis, demand of Rs.3,65,653/ - was raised and disconnected connection. Complainant preferred appeal against aforesaid assessment and later on filed complaint before District forum for restoration of connection, quashing of penalty and claiming compensation. OP resisted complaint and submitted that there was theft of electricity firstly by overloading and secondly by making hole and prayed for dismissal of complaint. Learned District Forum allowed complaint and directed OP to restore connection and withdraw demand of Rs.3,65,653/ - and pay compensation of Rs.10,000/ -. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which this revision petition has been filed.

HEARD learned Counsel for the parties and perused record. Learned Counsel for the petitioner submitted that as there is allegation of theft of electricity, learned District Forum had no jurisdiction to entertain complaint and learned District Forum committed error in allowing complaint and learned State Commission further committed error in dismissing appeal; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that as complainant has been acquitted from allegation of theft and order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.

ADMITTEDLY , there is allegation of theft of electricity and as per M&T report there was a hole on the left side of the meter which causes to stop reading by inserting some foreign material. In the light of judgment of Hon''ble Apex Court in "U.P. Power Corporation Ltd. and Ors. Versus Anis Ahmed", learned District Forum had no jurisdiction to entertain the complaint and learned District Forum committed error in allowing complaint and learned State Commission further committed error in dismissing appeal.

IN the light of judgment of Hon''ble Apex Court in Anis Ahmed case respondent is required to approach appropriate authority under the Indian Electricity Act for redressal of his grievances and Consumer Fora has no jurisdiction to entertain the complaint.

CONSEQUENTLY , revision petition filed by the petitioner is allowed and order dated 1.3.2007 passed by learned State Commission in RBT No. 274/2006 in Appeal No. 1883 of 2000 - Executive Engineer, ''OP'' Division, Bhattu Road, Fatehabad, Dakshin Haryana Bijli Vitran Nigam Ltd. and Anr. Vs. Ajay Kumar and order of District Forum dated 11.12.2000 passed in Complaint No. 29/2000 - Ajay Kumar Vs. Executive Engineer, ''OP'' Division, Bhattu Road, Fatehabad, Dakshin Haryana Bijli Vitran Nigam Ltd. and Anr. is set aside and complainant is given liberty to approach appropriate authority under the Indian Electricity Act for redressal of his grievances. There shall be no order as to costs.