The main legal point established in the judgment is that disputes related to unauthorized use of electricity fall under the jurisdiction of the Electricity Act, 2003 and are not maintainable under the Consumer Protection Act, 1986.

ORDER

1. This appeal under Section 15 of the Consumer Protection Act, 1986 has been filed by the OPs/appellants against the order passed by the District Consumer Disputes Redressal Forum, Surguja, Ambikapur (C.G.) (henceforth "District Forum") on 9.11.2012 in Complaint Case No. 34/2012, whereby the complaint of the complainant/respondent, has been allowed in part and District Forum has cancelled the electricity bill issued for the month of January, 2012 being erroneous. The OPs/appellants have been directed : (i) to provide revised electricity bill for electricity connection service No. 52-86-71-02-000732 on the basis of average meter reading prior to two years from February, 2012 within a month, (ii) to pay compensation of Rs. 2,000 for physical and mental agony, (iii) to pay Rs. 1,000 as cost of litigation to the complainant/respondent. The complainant/respondent, has been directed to pay the revised electric bill within 15 days of providing electric bill by the appellants and the appellants will start the disconnected electric connection and will start the supply of electricity.

2. Brief facts necessary for disposal of the appeal are that the appellants/OPs provided electric connection No. 000732 in the name of Bharat Prasad Tiwari. On 22.12.2007 and 1.5.2008 the complainant submitted applications to the OPs and paid a sum of Rs. 5,000 to the OPs. The OPs disconnected the electric connection in the month of February, 2012. The OPs provided electric connection service No. 52-86-71-02-000732 to father of the complainant on 11.11.2002 after receiving necessary charges. Till that date the father of the complainant was consumer of the OPs and after his death the complainant is consumer of the OPs. The complainant was regularly paying the electricity bills issued by the OPs. From the date when electric connection was provided to his father, on account of technical fault, the meter was not showing reading, on account of which the OPs issued bill for 50 units per months for consumption of electricity on the basis of consumption of average unit and his father was paying the bills till September, 2006, but in the month of October, 2006 the bill was issued for Rs. 3,628 and in the month of November, 2006 bill for Rs. 29,652 was issued. Noticing this, the complainant and his father contacted immediately to the office of O.P.No.1 and informed them regarding excess billing and requested to correct the bill and to issue bill on the basis of average consumption and also submitted written application. The OPs assured them to issue fresh bill after making correction in the bills issued but the OPs have not given the complainant fresh and corrected bill.

3. The OPs filed their written version and averred that the complainant was making payment of regular bill till year 2004 and thereafter the complainant had not paid the electric bills which was Rs. 1,795 in the month of August, 2005. As the meter reading could not be recorded, therefore, billing was done on average basis, which was Rs. 3,476 in the month of October, 2006, which was not paid by the complainant. Thereafter meter reading was recorded in the month of November 2006 as 8540 units for the meter installed in the premises of the complainant. The bill for consumption of 8540 unit was provided to the complainant, which was for Rs. 29,646. The amount of said bill was not paid by the complainant. Till October, 2007 the outstanding payable amount was Rs. 58,543. In the month of November, 2007 the bill of the consumer was corrected and at the place of 8540 meter reading bill for 4171 units was billed and the complainant was given discount of Rs. 20,000 and the outstanding amount had been reduced from Rs. 58,543 to 38,610. Thereafter the complainant had not paid the electric bill. Till January, 2008 the complainant had not paid the amount of the bill. On 14.2.2008, the complainant paid a sum of Rs. 5,000 by which the outstanding amount was reduced to Rs. 35,607.92.

4. Learned District Forum, af