Electrical Theftcases
4 months ago
TGNPDCL FILED AN ELECTRICAL THEFTCASE
AGAINEST ME WITHOUT THEFTING OF POWER,HOW CAN I PROCEED TO PROVE MY CASE IS ILLIGAL,I WANT PROVEY CASE IN COURT, WHICH COURT I WILL PROCEED (Warangal, Telangana)
As per the proviso of Sub-Section 1A of Section 135 of the Electricity Act, 2003, an FIR is required to be lodged with the local PS by the Power Supplying Agency or Licensee on detection of unauthorized use/ suspected theft of power by a consumer to take penal actions against him. The officer of the licensee or supplier, as the case may be, shall lodge a complaint in writing relating to the commission of such offence in the police station having jurisdiction within twenty-four hours from the time of such disconnection. “Civil Liability” as defined in explanation u/s.154 of the Act, means “loss or damage incurred by the Licensee/supplier or the concerned persons, as the case may be, due to commission of an offence as referred to in Sec.135 to 140 of the Act.” The Civil liability is determined by the Spl. Court constituted u/s.153 of the Electricity Act, 2003. In case the Licensee/supplier fails to prove the offence of theft against the consumer u/s.135 of the Act, they are debarred from the recovery of the said “civil liability” from the consumer for non-compliance with mandatory provisions of Sec.135 of the Act & Regulations. Instead, on appeal by the consumer, their arbitrary activities or affairs are liable to be investigated by the Appropriate Electricity Regulatory Commission appointed by the state regulatory commission u/s.128 of the Electricity Act. So, in the given scenario, first, be confirmed whether an FIR is lodged in the local police station by the officer of the Electricity Supplying agency for the alleged theft of electricity by the consumer as required under Sub-Section 1A of Section 135 of the Electricity Act, 2003 because for no-compliance with the mandatory provision of the governing law, all the subsequent action or penalty shall be vitiated. Accordingly, you represent your grievance before the GRO of the TGNPDCL to resolve the dispute failing which you may escalate your grievance before the Electricity Ombudsman and the Regulatory Commission seeking appropriate relief in the matter.
Vidhikarya
At first, if you believe that the case is Illegal, file a complaint against TGNPDCL. Under the Electricity Act, 2003, Special Court has the jurisdiction to hear electricity theft cases. In the absence of Special court, you can approach to District court. You also have an option to file the case before Consumer District Redressal Forum. We hope that our response is helpful to you.
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