State Consumer Disputes Redressal Commission
Punjab State Electricity Board, The ... vs Gurdeep Singh Son Of Sh. Gurvinder Singh ... on 26 August, 2013
F.A. No. 1156 of 2007 1
2nd Addl. Bench
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
DAKSHIN MARG, SECTOR 37-A, CHANDIGARH
First Appeal No. 1156 of 2007
Date of institution: 29.08.2007
Date of decision : 26.08.2013
1. Punjab State Electricity Board, The Mall, Patiala, through its
Chairman.
2. The Sub-Divisional Officer, Sub-Urban Sub Division, Punjab
State Electricity Board, (Baringa), Jalandhar Cantt.
.....Appellants
Versus
Gurdeep Singh son of Sh. Gurvinder Singh resident of 436, Guru Teg
Bahadur Nagar, Jalandhar.
.....Respondent
First Appeal against the order dated
12.07.2007 of the District Consumer
Disputes Redressal Forum, Kapurthala,
(Camp Court at Jalandhar)
Before:-
Shri Gurcharan Singh Saran, Presiding Judicial Member
Shri Piare Lal Garg, Presiding Member Shri Jasbir Singh Gill, Member Argued By:-
For the appellants : None
For the respondent : Sh. Munish Goel, Advocate
PIARE LAL GARG, MEMBER:-
The appellants have filed this appeal against the order dated 12.07.2007 passed by the learned District Consumer Disputes Redressal Forum, Kapurthala, (Camp Court at Jalandhar) (in short "the District Forum") vide which the complaint of the respondent was accepted.
2. The meter of the respondent was checked by Enforcement stag of the appellants on 17.02.2006 in the presence of the respondent and it was found that the electric connection was F.A. No. 1156 of 2007 2 being used for small power purposes and the water of the submersible pump was being used for construction work at the spot. A demand of Rs. 49,851/- was raised vide memo No. 478 dated 21.02.2006 on the basis of unauthorized use of the electricity under section 126 of The Electricity Act.
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 respondent/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 appellants is accepted 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 impugned order under appeal dated 12.07.2007 passed by the District Forum, Jalandhar is set aside. The complaint of the respondent/complainant is also dismissed being not maintainable.
F.A. No. 1156 of 2007 3
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 respondent/complainant and return the complaint to the complainant.
7. However, the respondent/complainant is at liberty to approach the appropriate authority as per The Electricity Act, 2003.
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 order was reserved on 23.8.2013. Now the order be communicated to the parties, free of cost.
10. If the respondent/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 appellants had deposited an amount of Rs.1750/- with this Commission at the time of filing of the appeal. This amount with interest accrued thereon, if any, be remitted by the registry to F.A. No. 1156 of 2007 4 appellant No. 2 by way of a crossed cheque/demand draft after the expiry of 45 days.
12. The appeal could not be decided within the statutory period due to heavy pendency of Court cases.
(Gurcharan Singh Saran)
Presiding Judicial Member
(Piare Lal Garg)
Member
August 26, 2013 (Jasbir Singh Gill)
RK Member