By. Smt. Saji Mathew, Member:-
The gist of the case is as follows:- The complainant runs a shop 'Global Furnishers' for his livelihood. He is a consumer of opposite party regarding consumer No.6840 and 1352. These connections are provided to rooms rented by the complainant from Ummer C.K and Abdul Majeed. Formally the complainant was using these rooms as godowns for his grocery shop. In these connections only 2 CFL bulbs are in use. There was no use of electricity during night time. These rooms were closed down for a period of 4 years.
2. The opposite party issued 2 bills regarding these connections for Rs.1.05,859/- and Rs.11,781. These bills are given for the period during which the rooms were closed down. These bills are time barred and hence cannot be be enforced by the opposite party. So there is deficiency in service on the side of the opposite party. Hence the complainant pray for an order to quash the disputed bills.
3. The opposite party filed version and stated that the complainant is not the registered owner of the disputed electricity connections. Consumer No.1352 was originally provided to one Abdul Majeed under VII A tariff and consumer No.6840 was originally provided to Ummer. C.K. Under VII B tariff. The meters in the premises were not working from May 2005 and March 2006 respectively. The meter in consumer No.1352 was changed on 18.11.2008 and meter of consumer No.6840 on 21.02.2009. After meter changing huge hike in consumption was noticed by the regional audit office of the opposite parties. Accordingly back assessment bills on thebasis of the average consumption were issued to the consumers. If the consumer submit document showing that the premises were closed for some period as alleged, the opposite parties are ready to revise the bills accordingly as per law. Hence the opposite party prays for the dismissal of the complaint.
4. The complainant was examined as PW1 and documents were marked as Ext.A1 and Ext.A2. The opposite party is examined as OPW1.
5. The matters to be decided are;
1. Whether there is any deficiency in service on the side of the opposite parties?.
2. Whether the complainant is entitled for any relief.
6. Point No.1 :- Ext.A1 is given for the period 05/2005 to 01/2008 and Ext.A2 is given for the period 03/2006 to 01/2009. The date of issue of both the bills is 29.08.2011. As per S.56 (2) of Electricity Act, no sum due from any consumer shall be recoverable after the period of two years from the date when such sum first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied. In this case, the amount demanded as per Ext.A1 and Ext.A2 has never been shown as arrears in the previous bills. So the opposite party is not entitled to execute the bills as per law. Hence point No.1 is found against the opposite parties.
7. Point No.2 :- The complainant is entitled to get the disputed bills quashed..
Hence the complaint is partly allowed and the bills Ext.A1 and Ext.A2 are quashed. No Order as to cost or compensation.
Pronounced in Open Forum on this the day of 29th December 2011.
Date of Filing:27.09.2011.
