Shankar Biva Pawar vs Maharashtra Electricity Supply Co Ltd

THE petitioner filed a consumer complaint alleging deficiency in service on the part of the respondent in discontinuing the electricity connection to the water pump installed on a well in the land belonging to Zilha Parishad, Ratnagiri. The opposite parties resisted the consumer complaint on the ground that electricity connection was rightly disconnected because the petitioner was un -authorizedly using the electricity connection by extending the connection from his residence to the well by laying cable of 400 meter.

DISTRICT Forum, Ratnagiri on appraisal of the pleadings and evidence, allowed the complaint of the petitioner/complainant.

BEING aggrieved by the order of the District Forum, respondents/ opposite party nos.1 and 2 filed an appeal before the State Commission. Vide impugned order dated 12.12.2012, State Commission allowed the appeal and dismissed the compliant. Relevant observations are reproduced as under : - "In the instant case, it will be further pointed out, infra, a substantial question arises as to alleged act contrary to the law of the respondent/ complainant to extend disconnection to a water pump, which was not authorized by the Maharashtra State Electricity Distribution Co.Ltd. It ultimately emerges as an undisputed fact that energy connection was sanctioned to respondent/complainant for his domestic use for a bore well at his house. What he did to extend the said connection illegally, across the road to the well situated in survey no.2, i.e., the land belonging to Zilha Parishad and the well -used for supply of water to the community and installed electric meter pump there. Such is an unauthorized use of electricity pump. On complaint received, the Maharashtra State Electricity Distribution Co.Ltd. disconnected the said energy connection. In respect of disconnection of the energy supply to the water pump since it was not the connection sanctioned, no deficiency in service on the part of Maharashtra State Electricity Distribution Co. Ltd. could be alleged or inferred.

Furthermore, consumer complaint is not filed against Maharashtra State Electricity Distribution Co.Ltd. which is a company established under the statute and, as such, an independent and distinct status as a ''legal person'' within the meaning of section 2 (1) (m) of the Consumer Protection Act, 1986. Its employees viz. Executive Engineer of the Divisional office at Ratnagiri or its Deputy Engineer/Asst. Engineer at Rajapur are separate and distinct entities than the company itself. Since the company was not a party to the proceeding, any direction given to the company to restore the energy connection was also improper and the impugned order suffers from that vice. Therefore, rightly, Maharashtra State Electricity Distribution Co.Ltd. being aggrieved person preferred this appeal."

We have heard learned counsel for the parties.

WE have considered the rival contentions and gone through the pleadings as well as judgment of Hon''ble Supreme Court in the case of "U.P. Power Corporation Ltd. and Ors. Vs. Anis Ahmed (Petition for Special Leave to Appeal (Civil) No.35906 of 2011).

ADMITTEDLY , this is a case pertaining to unauthorized use of electricity connection. In view of the judgment of Hon''ble Supreme Court in the case of "U.P. Power Corporation Ltd. and Ors. Vs. Anis Ahmed" the consumer fora have no jurisdiction to entertain the same.

BOTH the foras below by entertaining and deciding the complaint and appeal have exceeded their jurisdiction. Thus, their orders cannot be sustained. Revision petition is, therefore dismissed.