Case Note & Summary
The petitioners, officials of the Electricity Department, Government of Goa, filed a writ petition challenging orders dated 12/06/2017 and 18/09/2017 passed by the Consumer Grievance Redressal Forum, Vasco, in complaint/representation No.10 of 2017 filed by the respondent, Shantanu Narayan Dessai. The background of the dispute is that on 24/05/2016, a Junior Engineer of the Electricity Department inspected a farm house at Jaquem, Netravali, and found that the respondent was unauthorisedly using power supply from an LTAG connection standing in the name of one Satyajit R. Prabhu for construction of his farm house and cattle shed. The electricity supply was disconnected on the same day. The Sub-Divisional Engineer made an initial assessment and forwarded it to the registered consumer, Satyajit R. Prabhu. However, the respondent approached the Department, admitted liability, and agreed to pay the assessed amount on behalf of the registered consumer without protest. Upon payment, the electricity supply was restored due to the presence of cattle. Subsequently, the respondent filed a complaint before the Consumer Grievance Redressal Forum, which was registered as complaint/representation No.10 of 2017. The Forum entertained the complaint and set aside the assessment and bill, directing the Department to refund the entire amount with interest at 8% per annum within sixty days. The petitioners challenged these orders on the ground that the Forum had no jurisdiction to entertain the complaint as the respondent was not a registered consumer under the Electricity Act, 2003. The High Court heard arguments from both sides. The petitioners contended that the respondent was not a consumer and thus the Forum lacked jurisdiction. The respondent argued that the Forum had jurisdiction as the respondent was a beneficiary of the electricity supply. The High Court analyzed the provisions of the Electricity Act, 2003, particularly Sections 126 and 135, and held that the Consumer Grievance Redressal Forum can only entertain complaints from 'consumers' as defined under the Act. Since the respondent was not a registered consumer, the Forum had no jurisdiction. The High Court allowed the writ petition, quashed the orders of the Forum, and dismissed the complaint. The civil application was also disposed of.
Headnote
A) Consumer Law - Jurisdiction of Consumer Grievance Redressal Forum - Complaint by Non-Consumer - Electricity Act, 2003, Sections 126, 135 - The respondent, not being a registered consumer, filed a complaint before the Consumer Grievance Redressal Forum challenging the assessment for unauthorised use of electricity. The Forum set aside the assessment and directed refund. The High Court held that the Forum had no jurisdiction to entertain the complaint as the respondent was not a 'consumer' under the Electricity Act, 2003, and the assessment was made against the registered consumer. The orders of the Forum were quashed. (Paras 4-10) B) Electricity Law - Unauthorised Use of Electricity - Assessment Against Non-Consumer - Electricity Act, 2003, Section 126 - The petitioners disconnected electricity supply upon finding unauthorised use by the respondent from a connection in the name of another person. The respondent admitted liability and paid the assessed amount. The High Court held that the assessment under Section 126 can only be made against the person who is actually using the electricity unauthorisedly, but the Forum's order was without jurisdiction as the respondent was not a consumer. (Paras 5-10)
Issue of Consideration
Whether the Consumer Grievance Redressal Forum had jurisdiction to entertain a complaint by a person who was not a registered consumer and whether the assessment for unauthorised use of electricity could be made against a non-consumer.
Final Decision
The High Court allowed the writ petition, quashed the orders dated 12/06/2017 and 18/09/2017 passed by the Consumer Grievance Redressal Forum, Vasco, and dismissed the complaint/representation No.10 of 2017. The civil application was disposed of accordingly.
Law Points
- Consumer Grievance Redressal Forum jurisdiction
- unauthorised use of electricity
- assessment of electricity charges
- liability of non-consumer
- Electricity Act 2003 Section 126
- Electricity Act 2003 Section 135
