State Consumer Disputes Redressal Commission
Surender Singh vs S.D.O., Punjab State Electricity Board on 19 July, 2013
2nd Addl. Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
DAKSHIN MARG, SECTOR 37-A, CHANDIGARH
First Appeal No. 1312 of 2007
Date of institution: 24.9.2007
Date of decision : 19.7.2013
Surender Singh s/o Sh. Bachan Singh r/o Sant Nagar, Gurdaspur
.....Appellant
Versus
S.D.O., Punjab State Electricity Board, City Sub Division, Gurdaspur.
.....Respondents
First Appeal against the order dated 3.8.2007
passed by the District Consumer Disputes
Redressal Forum, Gurdaspur.
Before:-
Shri Piare Lal Garg, Presiding Member
Shri Jasbir Singh Gill, Member Argued By:-
For the appellant : Sh. Vipin Mahajan, Advocate For the respondent : Sh. A.K. Sharma, Advocate PIARE LAL GARG, PRESIDING MEMBER Surender Singh-appellant(in short "the appellant") has filed this appeal against the order dated 3.8.2007 passed by the learned District Consumer Disputes Redressal Forum, Gurdaspur(in short "the District Forum") vide which his complaint was dismissed.
2. As per memo No. 2144 dated 29.8.2006 a demand of Rs. 15,000/- was raised as the appellant/complainant was committing theft of energy as M.E. seals of the electric meter were found tampered.
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3. The Hon'ble Supreme Court in Civil Appeal No.5466 of 2012 (arising out of SLP (C) No.35906 of 2011) titled as "U.P. Power Corporation Limited & Ors. Vs Anis Ahmad", decided on 1st July, 2013, dealt with the complaints filed against the assessment made U/s 126 of the Electricity Act, 2003 or any action taken U/s 135 to 140 of the said Act and after detailed discussion, held as follows:-
"A complaint against the assessment made by assessing officer under Section 126 or against the offences committed under Sections 135 to 140 of the Electricity Act, 2003, is not maintainable before a Consumer Forum".
4. The subject matter of this case is covered U/s 126 of the Electricity Act, 2003, as such, in view of the law laid down by the Hon'ble Supreme Court, the complaint filed by the appellant/complainant is not maintainable and the District Forum was not having the jurisdiction to try and decide the complaint.
5. Accordingly, the appeal filed by the appellant is dismissed only on the point of jurisdiction and not on merits as the District Forum was not having the jurisdiction to try and decide the complaint as held by the Hon'ble Supreme Court. The complaint of the appellant/complainant is also dismissed being not maintainable.
6. The record of the District Forum, complete in all respects, be sent back to the District Forum immediately. The District Forum is directed to procure the presence of the appellant/complainant and return the complaint to the complainant.
7. However, the appellant/complainant is at liberty to approach the appropriate authority as per The Electricity Act, 2003. First Appeal No. 1312 of 2007 3
8. The period spent while pursuing the complaint before the District Forum as well as in this appeal is excluded for the purpose of limitation as per the law laid down by the Hon'ble Supreme Court in case "Trai Foods Ltd. v. National Insurance Co. and others", (2004) 13 SCC 656.
9. The arguments in this appeal were heard on 17.7.2013 and the order was reserved. Now the order be communicated to the parties, free of cost.
10. If the appellant/complainant had deposited any amount to comply with the interim order of the District Forum or the State Commission with the PSEB (now PSPCL) then the same shall be adjusted towards the demand in dispute or the said amount may be considered as part of deposit, which is required to be deposited as per Section 127 (2) of the Electricity Act, 2003 for preferring the appeal against the demand made under Section 126 of the Electricity Act, 2003 before the Appellate Authority(prescribed). If the amount is lying deposited with the District Forum then the District Forum shall pass appropriate order qua the amount at the time of returning the complaint to the complainant.
11. The appeal could not be decided within the statutory period due to heavy pendency of Court cases.
(Piare Lal Garg)
Presiding Member
July, 19, 2013. (Jasbir Singh Gill)
as Member
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