Case No. 145/2023   

IN THE MATTER OF

Mohammad Aslam S/o Shabbir Ahmad age about 48 years R/o Harduaganj Dehat, Aligarh

               V/s

Executive Engineer Electricity Urban Distribution Division III, Lal Diggi Aligarh

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 for  the following reliefs:-

1. The op be directed to cancel the notice demanding the amount Rs.106000 with interest with if any.
2. The Ops be directed to pay compensation Rs.100000 and litigation expenses Rs.10000.

1.  It is stated that complainant had an electricity connection no. IG /1/2613/034519 at his premises for domestic use and he had paid electricity dues Rs 3335 up to the month 6/2007. A new electricity connection no. 859436 LMV2 was installed at premises of the complainant and meter was installed on 20.10.2018. Complainant has been making regular payment of electricity dues and no amount is outstanding against him. A notice dated 5.7.2022 demanding the electricity dues Rs. 106000 was given to the complainant which is fictitious, illegal and unwarranted and is not recoverable against him.     

2. OP stated in WS that the complainant has not paid electricity bills after making payment of the dues in the year 6/2007 and connection was permanently disconnected on account of outstanding amount Rs. 105950 being due from 7/2007 till the date of disconnection. Connection was temporarily disconnected on 30.11.2019 on account of electricity dues Rs. 100077. Complainant has not paid the electricity bills of domestic connection since the month 7/2007 and the domestic connection has no concern with the LMV2 connection and the recovery of Rs.105950 is in accordance with the rules. Complaint is liable to be dismissed for want of jurisdiction.      
3. Complainant has filed his affidavit and papers in support of his pleadings. Op have also filed affidavit in support of their pleadings.
4. We have perused the material available on record and heard the parties counsel.
5. The first question of consideration before us is whether the complainant is entitled to any relief?
6. Complainant has stated that he had paid the electricity dues Rs.3335 up to the month 06/2007 in respect of domestic connection which was disconnected and he obtained LMV2 in electricity connection. OP has stated that no amount was paid by the complainant in respect of old connection since the month 07/2007 and electricity connection was disconnected on 30.11.2019. An amount of Rs. 105950 was due since the month 07/2007 till the date of disconnection and an amount Rs. 100077 was due on 30.11.2019 at the time of temporarily disconnection. As the complainant has paid the dues up to the month 6/2007 and it is alleged that the complainant has not paid the dues since the 7/2007 and the connection was disconnected after 12 years on 30.11.2019. It cannot be believed that the connection remained operative for about 12 years without making payment of electricity charges. As the payment was not made since the month 07/2007, the electricity connection was required to be permanently disconnected within six months as per provisions of clause 4.3 of the Up Electricity Supply Code, 2005. Moreover the electricity dues alleged to have been due since the month 07/2007 and there was no continues recovery of dues within two years after disconnecting the connection, therefore alleged recovery is barred by time under clause 6.15 (b) of the code 2005.We are of the view that alleged recovery vide notice dated 5.7.2022 is wrong and illegal and is not recoverable.        

7. The question formulated above is decided in favor of the complainants.
8. We hereby direct the Op not to recover the amount Rs. 106000 plus interest etc. from the complainant as being legally not recoverable. OP is also directed to pay Rs.10000 as litigation expenses to be paid to the complainant.
9. Op shall comply with the direction within 30 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
10. 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.
11. File be consigned to record room along with a copy of this judgment.