State Consumer Disputes Redressal Commission
Punjab State Electricity Board Limited vs Amarjit Kaur on 19 July, 2013
FIRST ADDITIONAL BENCH
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB
SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.
First Appeal No.1426 of 2007
Date of Institution: 25.10.2007.
Date of Decision: 19.07.2013.
Punjab State Electricity Board, Patiala through its Senior Executive
Engineer (D.S.P, Sub Urban Division, Amritsar Sh.Navtej Singh Gill.
.....Appellants.
Versus
Amarjit Kaur wife of Sh.Kirpal Singh son of Sh.Gurbachan Singh r/o village
Chawinda Devi, Tehsil and District Amritsar.
...Respondent.
First Appeal against the order dated
21.08.2007 of the District Consumer
Disputes Redressal Forum, Amritsar.
Before:-
Shri Inderjit Kaushik, Presiding Judicial Member.
Shri Vinod Kumar Gupta, Member.
................................... Present:- Sh.S.P.Garg, Advocate, counsel for the appellant Sh.Anil Chawla, Advocate, counsel for the respondent.
---------------------------------------- INDERJIT KAUSHIK, PRESIDING JUDICIAL MEMBER:-
PSEB, appellants/opposite parties (In short "the appellants") has filed this appeal against the order dated 21.08.2007 passed by the learned District Consumer Disputes Redressal Forum, Amritsar (in short "the District Forum"), vide which the complaint of the respondent was disposed of.
2. As per the pleadings/allegations, the respondent/ complainant was committing theft of energy. First Appeal No.1426 of 2007 2
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. In view of the law laid down by the Hon'ble Supreme Court, the complaint filed by the respondent/complainant is not maintainable, as the District Forum had no jurisdiction to deal with the complaint of a theft or an assessment order made u/s 126 of the Electricity Act, 2003. The subject matter of this case is covered U/s 126 of the Electricity Act, 2003.
5. Accordingly, the appeal filed by the appellants is accepted and the impugned order under appeal dated 21.08.2007 passed by the District Forum is set aside.
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 then shall return the complaint for presenting it before the appropriate Forum, if so advised. First Appeal No.1426 of 2007 3
8. The period spent while pursuing the complaint as well as this appeal till today shall be excluded for the purpose of limitation.
(Inderjit Kaushik) Presiding Judicial Member (Vinod Kumar Gupta) Member July 19, 2013.
Lb/-
Note If the respondent/complainant has deposited any amount at the time of filing the complaint with the PSEB (now PSPCL) by the orders of the District Forum or of this Commission, then the same shall be adjusted towards the demanded amount or may be considered as part of deposit, if the respondent/complainant moves the appropriate authority against the demand in question. In case, the amount is lying deposited with the District Forum, then at the time of returning the complaint, the District Forum shall pass appropriate order qua that amount.