IMPORTANT POINT
There is express bar under Section 145 of Electricity Act, 2003 for granting interim injunction by consumer fora in respect of any action taken or to be taken in pursuance of any power conferred by or under the Act.

Headnote:(i)Consumer Protection Act, 1986—Section 17(1) (b)—Revision—Interim order—Challenge to—District Consumer Redressal Forum directed appellants to restore electricity connections of respondents who were found stealing electricity by tampering electric meter—Consumer Forum had no jurisdiction to grant interim injunction in view of Section 145 of Indian Electricity Act, 2003—Under Regulation 25(11) of Kerala Electricity Supply Code, 2005, Electricity Board is empowered to disconnect supply of energy if consumer is found to have tampered electric meter—Fit case to interfere with order impugned—Electricity Act, 2003—Sections 145, 135, 126 and 151—Kerala Electricity Supply Code, 2005—Regulations 25(d) and (i)—Indian Penal Code, 1860—Section 379. (Paras 9 and 19)
       (ii)Consumer Protection Act, 1986—Section 17(1)(b)—Revision—Interim order—Challenged—Respondent found stealing electricity by tampering electric meter—Appellants besides raising demand of Rs. 5, 54,186/- and disconnecting electric supply of respondent also filed FIR u/s 379 IPC against respondent—Respondent approached CDRF who passed interim order directing appellants to restore electricity connection of respondent—Challenged—Held, conclusion of lower Forum that unless the trial for offence of theft of energy is over and the accused is convicted for an offence of theft, no demand for payment of energy consumed unauthorisedly can be raised appears to be prima facie not correct—Indian Penal Code, 1860—Section 379—Indian Electricity Act, 2003—Sections 145,135,126 and 151—Kerala Electricity Supply Code, 2005—Regulations 25(d)(i). (Para 18)
       Facts of the Case:
       (A)Anti power theft squad of appellants inspected premises of respondent on 30.05.2005 and found that electric meter was tampered by respondent and on testing by accused. Check meter 92.07 was shown as negative error, i.e. to say when 100 units are consumed only 8 units will be noted in meter. Appellants raised a demand of
       Rs. 5,54,186/- including penalty. Appellants also disconnected electric supply of respondent and also filed a FIR u/s 379 IPC for theft of electricity on the basis of which a crime was registered in the competent court against res-pondent.
       (B)Respondent approached Consumer Disputes Redressal Forum (CDRF), the lower forum proceeded on the premise that criminal court alone is competent to decide question whether respondent committed theft of electrical energy and unless criminal court convicts respondent for offence of theft of electric energy, no disconnection of supply can be made—Holding so, it passed an interim order directing restoration of electricity or deposit of amount demanded by appellants subject to result of criminal proceedings.
       (C)Hence this revision challenging the said order.
       (D)Findings of the Commission :
       (i)The lower forum has not considered the effect of Section 145 of the Indian Electricity Act, 2003 which expressly bars consumer fora from granting ad-interim injunction in respect of any action taken or to be taken in pursuance of any power conferred by or under the Act.
       (ii)Conclusion of lower forum that unless the trial for offence of theft of energy is over and the accused is convicted for an offence of theft, no demand for payment of energy consumed unauthorisedly can be made appears to be prima facie not correct.
       (iii)Under Regulation 25(i) of Kerala Electricity Supply Code, 2005 Electricity Board is empowered to disconnect supply of energy if consumer is found to have tampered or damaged electric meter.
       Result : Revision disposed off.

ORDER

T.M. Hassan Pillai, President—The order assailed has been passed by the CDRF, Thrissur on an interlocutory application moved before it by the respondent herein complaining that supply of energy to him was disconnected on 30.05.2005 by Anti Power Theft Squad. Supply of energy was disconnected alleging that the meter circuit had been tampered with and meter reading was not recorded in two phases. He was served with a bill for Rs. 5,54,186/- and 14.06.2005 was the date shown therein for payment. The supply was disconnected on the date of inspection. The prayer made in the application was to restore the connection till the disposal of the complaint filed by him.

2. The contentions raised in the objection filed by the respondents who are aggrieved by the interim order passed by the lower forum stated in the impugned order are reproduced below :

“2. The respondents have filed a counter to the following effects. The petitioner is not a consumer and the petition is not maintainable under Section 145 of the Indian Electricity Act, 2003. The connected load is 62 KW (83) HP. When the Anti Power Theft Squad inspected the premises on 30.05.2005 the seal of the meter box and terminal cover seal of the power meter were found in a Re-do condition. On testing with Accu Check meter 92.07 was shown as negative error. That is to say when 100 units are consume only 8 units will be noted in the meter. On detailed inspection it was seen that the CT connections of R Phase were done in the reverse manner. Therefore consumption by two phase will not be recorded in the meter. Since heater loads are connected to R Phase the DISC of the power meter was seen going an opposite direction sometimes. Thus 92.07% units were noted in the meter. The site mahazar was prepared in the presence of Sri M. Radhakrishnan, an employee under the petitioner. Rs. 5,54,186/- takes in penalty also. The disconnection is under Section 25(i) of the Kerala Electricity Supply Code 2005. The act of the petitioner is punishable under Section 126 and 135 of the Indian Electricity Act, 2003. Subject to the above section a Crime has been registered under Section 379 IPC as per FIR No. 279 dated 01.06.2005 before the Judicial First Class Magistrate Court, Wadakkanchery. The petitioner’s establishment is working as two shifts and for 16 hours. The calculation is made on this basis and taking that there are 25 working days in a month. A days consumption is taken as 793.6 Kwh. multiplying. Since it is a case of theft 6 months back reading is to be taken and thus it will come to 119040 KWh. The consumption recorded in the power meter for the last 6 moths is 11430 KWh. The consumption other than the recorded energy in the power meter is 119040-11430-107610 KWh. For theft of energy 1.5 times of back 6 months reading i.e. 161415. Rate per unit is Rs. 3.25 Thus the total amount will come to Rs. 5,24,599. The electricity duty comes to

Rs. 29,587. Thus the total amount will come to Rs. 5,54,186/-. The petition may be dismissed.”

3. The lower forum proceeded on the premises that the criminal court alone is competent to decide the question whether the respondent committed the offence of theft of electrical energy and unless the criminal court convicts the respondent for the offence of theft of electrical energy no disconnection of the supply can be made. Holding so it passed the impugned order. The operative part of the order reads as under :

“In the result this application is disposed off as follows: The applicant is at liberty to remit the amount under the impugned bill under protest and subject to the result of the criminal proceedings and on such deposit being made the respondents shall immediately reconnect the supply. Ultimately if the criminal court finds the consumer not guilty the respondents shall refund the amount deposited. If the verdict is against the consumer there need not be any refund.”

4. Challenge is made to the interim order on the ground that being a case of theft of ele

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IMPORTANT POINTThere is express bar under Section 145 of Electricity Act, 2003 for granting interim injunction by consumer fora in respect of any action taken or to be taken in pursuance of any power conferred by or under the Act.

IMPORTANT POINT
There is express bar under Section 145 of Electricity Act, 2003 for granting interim injunction by consumer fora in respect of any action taken or to be taken in pursuance of any power conferred by or under the Act.