Ramnath Panjiyar vs Urban Electric Supply Division

THIS Revision Petition has been filed by the Petitioner against the order dated 2.4.2008 passed by learned State Commission in FA No. 388 of 2005, Electrical Executive Engineer, Urban Electric Supply Division v. Ram Nath Panjiar, by which while allowing the appeal, order of the District Forum allowing the complaint was set aside. Brief facts of the case are that Complainant/Petitioner had taken commercial connection with 6.25 HP load for operating and running a welding machine, a drilling machine and a grinder. Opposite party/Respondent issued electricity bill with effect from 1991 on the basis of 15 HP load. Alleging deficiency in service on the part of opposite party, Complainant filed complaint before the District Forum. Opposite party resisted complaint and submitted that on checking, it was found that complainant was having the capacity of 8.95 HP load instead of 6.25 HP and there was no plate relating to capacity of the welding machine. In such circumstances, as per Board''s tariff notification dated 26.8.1991, the capacity of machine was treated as 15 HP and bill was sent accordingly. Denying deficiency on their part, opposite party prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed the complaint and directed the opposite party to issue bill on the basis of load of 6.25 HP. Appeal filed by opposite party was allowed by learned State Commission vide impugned order against which this Revision Petition has been filed.

HEARD learned Counsel for the parties and perused the record. Learned Counsel for the Petitioner submitted that order passed by learned District Forum was in accordance with law and learned State Commission committed error in allowing appeal, hence, Revision Petition be allowed and impugned order be set aside. On the other hand, learned Counsel for Respondent submitted that on account of use of excess load, complainant''s case falls within the purview of Section 126 of Indian Electricity Act and Consumer Fora has no jurisdiction to entertain the complaint, hence, Revision Petition be dismissed. Petitioner submitted in the complaint that he was using load of 6.25 HP for running the welding machine, etc. but opposite party in its written statement submitted that machine installed was of the capacity of 8.95 HP and there was no plate in the welding set and it was treated as 15 HP. Thus, it becomes clear that opposite party treated the case as using excess load. Hon''ble Apex Court in Civil Appeal No. 8859 of 2011, The Executive Engineer & Anr. v. M/s. Sri Seetaram Rice Mill, held as under: "The expression ''unauthorised use of electricity means'' as appearing in Section 126 of the 2003 Act is an expression of wider connotation and has to be construed purposively in contrast to contextual interpretation while keeping in mind the object and purpose of the Act. The cases of excess load consumption than the connected load inter alia would fall under Explanation (b)(iv) of Section 126 of the 2003 Act, besides it being in violation of Regulations 82 of 106 of the Regulations and terms of the Agreement."

In the light of aforesaid judgment, it becomes clear that whenever there is consumption of electricity in excess of the sanctioned load, it would amount to unauthorized use of electricity under Section 126 of Electricity Act. The Hon''ble Apex Court in Civil Appeal No. 5466 of 2012; U.P. Power Corporation Ltd. & Ors. v. Anis Ahmad, : III (2013) CPJ 1 (SC) : IX (2013) SLT 554, held that if case of the Complainant falls under Section 126 or under 135 -140 of the Electricity Act, Consumer Fora has no jurisdiction to deal with the complaint. As Complainant''s case falls within the purview of Section 126 of the Indian Electricity Act, in the light of Anis Ahmad''s case, Consumer Fora has no jurisdiction to entertain the complaint and in such circumstances, Revision Petition is liable to be dismissed.

Consequently, Revision Petition filed by the Petitioner is dismissed with liberty to the Petitioner to approach the appropriate authorities under Indian Electricity Act for redressal of his grievances.