UHBVNL vs Shashi Chander

THIS Revision Petition has been filed by Petitioner against order dated 12.1.2012 passed by learned State Commission in FA No. 26 of 2012, UHBVNL & Ors. v. Shashi Chander, by which while dismissing appeal, order of the District Forum along with complaint was upheld. Brief facts of the case are that Complainant -Respondent had electricity connection from opposite party -Petitioner. Officers of the opposite party checked meter of complainant on 12.8.2008 and it was alleged that seals of meter body were tampered and on the basis of suspected theft of electricity, demand of Rs. 4,12,212 was raised, which is illegal. Alleging deficiency on the part of opposite party, Complainant filed complaint before District Forum. Opposite party resisted complaint and submitted that seals of meter body were found tampered and it was a case of theft of electricity and demand was rightly raised and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and quashed demand. Appeal filed by opposite party was dismissed by learned State Commission vide impugned order against which this Revision Petition has been filed. Heard learned Counsel for the parties finally at admission stage and perused record.

LEARNED Counsel for Petitioner submitted that as demand was raised on account of theft of electricity, complaint was not maintainable before District Forum 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 Respondent submitted that looking to concurrent findings of fact that no theft was established, order passed by learned State Commission is in accordance with law, hence, Revision Petition be dismissed. Hon''ble Apex Court in U.P. Power Corporation Ltd. & Ors. v. Anis Ahmad, : III (2013) CPJ 1 (SC) : III (2013) CLT 55 (SC), has held that in case of allegations of theft of electricity. Consumer Forum has no jurisdiction to entertain the complaint. As per averments in the complaint itself, demand has been raised on account of suspected theft of electricity and in such circumstances, complaint was not maintainable before District Forum. Merely because there is concurrent finding to the effect that theft has not been established, Consumer Forum does not get jurisdiction to entertain the complaint because had the complaint not been entertained, there was no occasion to hold that theft was not established. Consequently, Revision Petition filed by the Petitioner is allowed and impugned order dated 12.1.2012 passed by learned State Commission in FA No. 26 of 2012, UHBVNL & Ors. v. Shashi Chander, is set aside and order of District Forum dated 28.11.2011 in Complaint No. 4/09,Shashi Chander v. UHBVNL & Ors., is set aside and complaint stands dismissed with liberty to the Complainant to seek redressal of his grievances before appropriate authority under the Indian Electricity Act.