Disputes pertaining to theft of electricity or dishonest abstraction of electrical energy do not fall under the jurisdiction of the Consumer Forums under the Consumer Protection Act, 1986.

Pradeep Nandrajog, J.—Issue raised in the present petition is to the jurisdiction of the District Consumer Forum, State Commission and National Commission under the Consumer Protection Act, 1986 to entertain grievances against electricity supplying companies where action is initiated by the electricity supplying company on the allegation of theft/dishonest abstraction of electrical energy against the complainant.

2. Under the Consumer Protection Act, 1986, 3 Forums have been created. The District Forum, the State Commission and the National Commission. Jurisdiction of the District Forum is set out in Section 11 of the Act. Jurisdiction of the District Forum is to entertain complaints where the value of goods or services and compensation, if any, does not exceed Rs. 20 lacs. Jurisdiction of the State Commission as per Section 17 is to entertain complaints where value of the goods or services and compensation, if any, claimed exceeds Rs. 20 lacs but does not exceed Rs. 1 crore and appeals against orders passed by the District Forum within the State. Jurisdiction of the National Commission as per Section 21 is to entertain complaints where the value of the goods or services and compensation, if any, claimed exceeds Rs. 1 crore and appeals against orders of the State Commissions.

3. It is trite that power of the District Forum, State Commission and National Commission in exercise of plenary jurisdiction (excluding appellate jurisdiction) would be in respect of complaints. Section 2(1)(c) of the Act defines the complaint as under:

“(c) ‘complaint’ means any allegation in writing made by a complainant that—

(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader;

(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;

(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect;

(iv) a trader has charged for the goods mentioned in the complaint a price in excess of the price fixed by or under any law for the time being in force or displayed on the goods or any package containing such goods;

(v) goods which will be hazardous to life and safety when used, are being offered for sale to the public in contravention of the provisions of any law for the time being in force requiring traders to display information in regard to the contents, manner and effect of use of such goods with a view to obtaining any relief provided by or under this Act.”

4. Needless to state that issue of theft/dishonest abstraction of electrical energy do not fall in any of the sub-clauses of Sub-section (c) of Section 2(1) of the Consumer Protection Act, 1986.

5. I need not elaborate on the issue, for the reason the State Commission, Delhi vide order dated 6.10.2003 disposing of a batch of appeals, lead appeal being No. 116/2003, New Delhi Power Limited v. S.B. Roy, has held that the dispute relating to theft/dishonest abstraction of electrical energy is not a consumer dispute and no complaint lies under the Act before any Forum created under the Act. Additionally, the National Consumer Disputes Redressal Commission vide its order reported as II (1995) CPJ 132 (NC), M.P. Electricity Board v. Babulal, has likewise held that a dispute pertaining to theft of electricity or dishonest abstraction of electrical energy cannot form subject matter of proceedings under the Consumer Protection Act, 1986.

6. A similar view has been taken by the National Consumer Redressal Commission in Revision Petition No. 128/2003, B.C. Julka v. D.V.B., decided on 9.2.2004.

7. On facts it may be noted that the first respondent was proceeded by the petitioner in respect of allegation which attracted theft of electricity. The respondent No. 1 moved the Consumer Forum. The Consumer Forum passed an order on 24.10.2001. The said order has been impugned in the present petition.

8. Since I have held that dispute pertaining to theft of electricity or dishonest