SATISH KUMAR Vs. ELECTRICITY DISTRIBUTION DIVISION

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Sec. 21(b) of the Consumer Protection Act, 1986 against Order passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh (hereinafter referred to as the "State Commission") in Appeal No. 1542 of 2016 dated 21.12.2016.

(2.) According to the Petitioner/Complainant, hetook power connection of 3 H.P. for his shop whose connection number was 070631 and booking number was 3409. The aforesaid connection continued for many years. The Petitioner through the same connection was running the kharad machine and welding machine and earned his livelihood.Since the Petitioner defaulted in paying the bill, on 09.02.2015 the Respondent/Opposite Party officials disconnected the power supply and also took away the meter without giving any notice and information. Also, the checking report prepared at that very time contains no signatures of the Petitioner or of any other person on his behalf. The Petitioner was later told by the officials of the Respondent that the bill of Rs.40000.00 was due, and if the same would be deposited, they would re-install the meter and his connection would again be restored. On 19.02.2015, the Petitioner paid Rs.20,000.00 to the Respondent and after deducting Rs.300.00, they deposited Rs.19,700.00. Later on 30.06.2015, the Petitioner deposited the full amount which was due and then sought re-installation of the electric connection. They, however, did not restore the connection and when the Petitioner informed them that he would take recourse to legal action against the officials of the Respondent, they got annoyed and sought a further recovery of Rs.1,92,549.00 and threatened him with more action. The Respondent neither gave any notice to the Petitioner while checking the meter nor regarding inspection report. The contention of the Respondent that the meter was sealed in the presence of Pawan, who was a worker of the Petitioner, was also wrong and denied. A Complaint was, thus, filed by the Petitioner alleging deficiency of service on the part of the Respondent.

(3.) The Complaint was contested by the Respondent who contended that the Petitioner failed to deposit the bill amounts, while the consumption of electricity was admitted. On 09.02.2015 departmental team consisting of Sub-Divisional officer, 3 Junior Engineers J.M.T. and other line staff was present during checking of the meter and receipt for the amount due was given. The Petitioner admitted in the Complaint that the Respondent sent an assessment of Rs.1,92,549.00 on the basis of their checking the meter.In the presence of Pawan, worker of the Petitioner, the meter was sealed and the signature of Pawan was taken on the checking report.It was contended that theft and assessment of electricity does not come within the scope and ambit of the Consumer Protection Act as per provisions of Section126 and 127 of the Electricity Act 2003. The Learned District Forum ignoring the law propounded by the Apex Court decided the case without jurisdiction and the order is not maintainable.