The jurisdiction of the Consumer Forum is not barred by the Electricity Act when an assessment order lacks detailed justification.

ORDER

NARESH KATYAL, JUDICIAL MEMBER:

Challenge in this Appeal No. 1342 of 2024 filed by appellant/Nigam has been invited to legality of order dated 04.09.2024 passed by learned District Consumer Disputes Redressal Commission-Gurgaon (In short “District Consumer Commission ”) in complaint case No.915 of 2022, vide which complainant’s complaint has been allowed.

2. Factual matrix:

Complainant is Charitable Educational Society, working under Parjapita Brahma Kumaris Ishwariya Vishwavidhalaya, having its main office at: Mount Abu, Rajasthan, which is/was being run with object of providing social & spiritual values for public at large. OP had issued electric connection bearing account No. BKNM-0055 in the name of complainant, of which, complainant had been regularly paying electricity bills. As per plea; it is well known to OP that complainant had also been generating solar energy. OP issued electric connection bearing account No.G33-BN31-0020 in the name of one Ravi Aggarwal S/o Sh. Mahavir Parsad, R/o Bhora Kalan in premises, adjacent to that of complainant, for which Ravi Kumar had also been paying electricity bills regularly. Ravi Kumar had handed over his premises to complainant, free of cost, for use and occupation. On 27.10.2022, a team of Electricity Division Manesar, Sub-Division Bhora Kalan inspected site of Ravi Kumar Aggarwal and made an endorsement on LL1 checking report as “supply of House and Construction site of Ravi Kumar Aggarwal running from Brahma Kumaris connection (A/c No. BALS-4); hence, this is clear case of sale of power. Take action as per Nigam rules”. Upon which, assessment order vide memo No. 3547 dated 31.10.2022 for an unauthorized penalty of Rs.29,10,600/- was issued by OP against complainant. Feeling aggrieved, complainant requested OP to withdraw its impugned assessment order dated 31.10.2022 imposing penalty of Rs.29,10,600/-, being illegal and unjustifiable, but to no avail. Inter-alia on these pleas; complaint has been filed for issuance of directions to OP: not to recover illegal amount of Rs.29,10,600/- from complainant; not to disconnect electricity connection of complainant on aforesaid illegal demand raised by OP; to pay compensation of Rs.1,00,000/- for mental agony and loss; pay Rs.1,00,000/- for deficiency in service and litigation charges.

3. Upon notice; OP/Electricity Nigam raised contest. In its defense, it is pleaded that: complaint is not maintainable; it has been filed without any cause of action; complainant has misused the process of law and wants to take advantage of his own fault; complainant has no locus standi; court has no jurisdiction. It is pleaded that OP inspected premises of complainant on 27.10.2022 in presence of his Manager/representative namely Vijay, Rajender and Vijay S/o Laxmi Prashad. It was found that electricity supply to the house and construction site of Ravi Aggarwal was running from complainant’s connection, without information and prior permission of OP. This is clear case of unauthorized use of power. Team prepared checking report at site. Manager/representative of complainant Vijay Kumar Gupta had signed checking report and received its copy. Connected load of complainant was found as 24.248 KWS. OP issued provisional order of assessment vide Memo No. 3547 dated 31.10.2022 for Rs.29,10,600/- and final order of assessment dated 11.11.2022 for Rs.29,10,600/- but complainant did not pay the above amount as per terms and conditions of assessment notices, which it is liable to pay. There is electric connection in the name of Ravi Aggarwal. It has been denied that Ravi Aggarwal has handed over his premises to complainant,