IN THE MATTER OF

Ravendra Pal Singh S/o Shri Pal Singh R/o Village Dhasana Post Office Hardua Ganj ,Aligarh                        

                                                                        V/s

Executive Engineer, Electricity Distribution Division III  Lal Diggi, Aligarh 

(Through: Advocate Rekha Verma)

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt.Purnima Singh Rajpoot,Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission alleging that he is the consumer of the Op through electricity connection and  prayed for  the following reliefs-

1. Op be directed to declare the arrear amount Rs.432199/ fictitious, time barred and not recoverable.
2.  Op be directed to  not to issue any recovery process to recover aforesaid amount from the assets of decease Rambeti or her son Ravindra Pal Singh in any manner what so ever.
3. Litigation expenses Rs.5000.

2. The Complainant has stated that the complainant is the son /legal heir of Late Rambeti who has died on 29.4.2012. Complainant’s mother Late Rambeti was sanctioned a private tube well connection no. 781711803892. In the month June, 2004 the transformer of the tube well was burnt and incharge of electricity station Hurduaganj was informed on 25.06.2004 but the transformer was not replaced. After burning the transformer the tube well could be used for irrigating the crops and diesel pump set was used. The electricity dues of the tube well connection were paid up till 12.3.2004 and thereafter tube well was not used. On 13.1.2016 representation was made to the chief Engineer Aligarh Region. To enquire and disposed of the recovery certificate. On 23.1.2016 a letter dated 21.1.2016 was issued by the office of the chief Engineer with direction to write off the fictitious amount if any and to recover the remaining amount. The tube well was never used having burnt the transformer in the month of June, 2004 and the alleged electricity bill raised from the period commencing from June,2004 till the time of alleged permanent disconnection in the month of July,2017 is against law. Complainant was communicated by the Op through its letter dated 8.9.2021 for the first time that the connection was disconnected in the month of July,2017 and the areal amount Rs. 432199/ is due and the recovery notice shall be issued on failure to make payment. The arrear amount Rs.432199/ has been shown due for the first time on 8.9.2021 after about 4 years from the alleged permanent disconnection in the month of July, 2017 and no process was issued to recover the amount having become due. The power supply was failed after the transformer was burnt and the tube well connection was not legally used As per sub clause 3 of clause 7.7.6 of the code 2005 the power supply could failed due to burning of transformer and therefore no question arose for raising the bill after burning the transformer in June,2004. Complainant was never served 15 days  notice under clause 4.36(a) of the code, 2005 in accordance with section 171 of the Act,2003 prior to permanent disconnection and the demand of arrear is illegal. It was also legal obligation on the part of the Op to realize the outstanding dues before sanctioning a new connection in the name of complainant in respect of same chak. Op was under obligation to replace the one transformer and Op has failed to provide the service of supplying the electrical energy by replacement of one transformer and there has been fault on the part of OP in not making replacement of the burnt transformer and raising the factious arrear amount as electricity bill.   
3.  Op stated in WS that tube well connection id no. 781711803892 was sanctioned on 15.5.1998 in the name of Rambeti and OP was not complaint about burning of the transformer Complainant did not apply for mutation of  his name under clause 4.44 of the code,2005 and the connection was temporary disconnected on 2.7.2017 and no permanent disconnection was made. The amount of Rs.432199/ is due.
4.   Complainant has filed his affidavit and papers in support of his pleadings.  Op has also filed his affidavit and papers  in support of his pleadings
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the alleged damand of Rs.432199/ is fictitious, time barred and against the provisions of law? If so, its effect.
7. Admittedly, Late Rambeti the mother of the complainant was sanctioned electricity tube well connection. As per complainant’s statement the transformer was burnt in the month June, 2004 and the Harduaganj electricity station incharge was informed by letter dated 25.6.2004 filed by the complainant. There is nothing on record to disbelieved the same. There is nothing to show that the burnt transformer was replaced and electricity was supplied to the connection. Complainant filed letter dated 8.9.2021 issued by the OP to the complainant stating that the connection was permanent disconnected in July,2017 and the amount Rs.432199/ was due. Op has filed letter dated 28.8.2021 issued by the OP terminating the agreement with effect from 2.7.2017  and office memo dated 28.4.2021 shown arrear amount Rs. 432199/ there are calculation of PD final account and report of permanent disconnection 18.8.2021 on record filed by OP. It is proved that the connection was not being supplied with electricity from the month June,2004 on account of transformer having burnt and the connection was permanently disconnection in July,2017. Complainant stated that electricity bill upto 12.3.2004 were paid and there was no electricity supply from June,2004 through the connection which was disconnected in July,2017. The OP was not legally entitled to claim electricity charges for the consumption of the aforesaid period in view of provisions of sub clause 3 of clause 7.7.6 of code,2005 having burnt the transformer. Besides this,  alleged arrear amount became due in the month of July,2017 on raising the bill on permanent disconnection and thereafter on issuing notice dated 8.9.2021 for payment but thereafter no process was initiated and continually processed for more than2 years to recover the alleged amount and therefore recovery is hit by the provisions of section 56(2) Electricity Act,2003 and   clause 6.15(b) of code 2005. Thus the alleged recovery is time barred. Accordingly, recovery of alleged arrear amount Rs.432199/ is not only time barred but also fictitious and against the provisions of law. OP is not entitled to recover the said amount either from the complainant or from asests from his deceased mother Rambeti.          
8.   The question formulated above is decided in favour of the complainant .
9. We hereby direct the  op not to recover alleged arrear amount Rs.432199/ as being fictitious and time barred and not being recoverable. And op be also directed not to issue any process to recover the alleged amount Rs.432199/ either from the complainant or from assets of his deceased mother in any manner whatsoever.
10. Op shall comply with the directions and on failure  OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties. A copy of  judgment be sent to Chief Engineer  for necessary action.
12. File be consigned to record room along with a copy of this judgment.