Haryana

StateCommission

A/814/2015

UHBVNL - Complainant(s)

Versus

ASHOK KUMAR - Opp.Party(s)

TARUN GUPTA

06 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                  First Appeal No.814 of 2015

                                                                  Date of Institution:28.9.2015

                                                                    Date of Decision:06.11.2015

1. Uttar Hayana Bijli Vitran Nigam Ltd., Rohtak
2. Sub Division Officer, Operation Sub Division No.1, UHBVNL, Rohtak.

…Appellants

                                      Versus

Ashok Kumar S/o Sh. Raj Kumar R/o H.No.310, Delhi Road, Rohtak.       

 

                                                                                       …Respondent

 

CORAM:   Mr. R.K. Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

 

 

Present:     Mr. Tarun Gupta, Advocate counsel for appellants.

 

                                                ORDER

 

Mrs. Urvashi Agnihotri, Member

 

 

1.      Uttar Haryana Bijli Vitran Nigam (for short UHBVN) is in appeal against the order dated 22.7.2015 passed by the District Consumer Disputes Redressal Forum (for short ‘District Forum), Rohtak.

2.      Sh. Ashiok Kumar-consumer/respondent filed a complaint before the District Forum, Rohtak challenging the illegally debited of an amount of Rs.29,949/-. A connection bearing account No.AO-91/0695L-P, was provided in the name of Sh. Ashok Kumar complainant and he was paying the bills regularly. The complainant received a bill in the month of May, 2010 in which arrears of some bill pertaining to A/c No.C-1946 in the name of some Raj Kumar had been added to the bill of the complainant. The complainant-respondent approached the appellant-Ops and he was directed to pay the current consumption bill without making the payment of said arrears. This procedure remained continued and suddenly the complainant had received the bill dated 21.11.2010 amounting to Rs.32,311/- and out of which a sum of Rs.29,949/- has been shown as arrears.

3.      According to the OP, the arrear of A/c No.C-1946 of Rs.26,869/- is from the bill of 11/2001 to 09/2002 had been transferred to A/c No.716 of the complainant. Both the connections were installed in the same premises i.e. House No.310, Delhi Road, Rohtak. The appellants are legally entitled to recover the amount of the arrears from the complainant.

4.      Admittedly, recovery sought from the consumer was for the month of May, 2010 which was beyond the period of two years. UHBVN cannot recover the arrears after the period of two years as per Section 56 (2) of the Electricity Act, 2003, reads as under:-

“(2) Notwithstanding anything contained in any other law for the time being force, no due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.”

6.      A reading of the aforesaid provision shows that no sum/amount could be recovered from the Consumer after the period of two years.

7.      In view of the above, the order passed by the District Forum was perfectly right. The appeal is, therefore, dismissed. It is made clear that the amount deposited by the complainant, if any during the pendency of the present case shall be liable to be refunded to the complainant/adjusted in the future bills of the complainant.

 

November, 06^th, 2015           Urvashi Agnihotri                   R.K. Bishnoi

                                                Member                        Judicial Member

                                                Addl. Bench                 Addl. Bench

 

 

FA No.814 of 2015

 

Present:     Mr. Tarun Gupta, Advocate counsel for appellants.

 

 

                   Delay of 14 days in filing the appeal is hereby condoned for the reasons stated in the application for the reasons stated in the application for condonation of delay.

 

November, 06^th, 2015           Urvashi Agnihotri                   R.K. Bishnoi

                                                Member                        Judicial Member

                                                Addl. Bench                 Addl. Bench