IN THE MATTER OF

Niyamat Ali S/o Khuda Bukhush age about 57 years  R/o Nagla Jamalpur Aligarh

                                                         V/s

Executive Engineer Electricity Distribution Division III Lal diggi Aligarh

CORAM

 Present:                                   

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for:-

1. Op be directed  not to realize the amount Rs.125855 which was raised in electricity bill dated 7.2.2024 as being illegal and not recoverable from the complainant. Consequently the said amount be struck off and waived off by the op.
2.  Op be directed to pay Rs.10000 for litigation expenses.

2. The Complainant has stated that he is the consumer of electricity supplied by the op at his premises through electricity connection of category LMV6 of 9KW and the account no. is 8800139484. He has been making the payment of electricity bills. On 7.1.2024 op sent a message on mobile no. demanding the amount Rs.125855 and the said amount was shown as arrear in the statement on 31.1.2024 and thereafter the demand of Rs.133504 including the demand of Rs.125855 was raised in the electricity bill dated 7.2.2024. In the year 2017 a demand of Rs. 51213 was raised by the op of which the complainant submitted a cheque for Rs. 51213.  The cheque could not be encashed on account of the reason not known to him and the said amount Rs.51213 remained due against the complainant but the demand of Rs. 64837 was raised instead of the amount Rs.51213. The amount Rs.64837 was paid by the complainant through payment receipt dated 25.6.2018. The statement raising the demand Rs.125855 as arrear on 31.1.2024 contains the comments as “ cheque dishonored as per OM no. 15017 dated 12.12.2023 ” it indicates that cheque dated 26.10.2017 for the amount Rs.51213 could not be encashed and the said amount increased with interest to the extent of the amount Rs.64837. Thus the demand  of Rs.125855 raised in electricity bill dated 7.2.2024 with the current electricity dues is wrong and erroneous. OP has no authority to raise the demand of Rs.125855 which is not due against the complainant and is illegal and not recoverable from the complainant.                  
3. Op stated in WS that the complainant had submitted a cheque dated 26.10.2017 for Rs.51213 but the cheque was dishonored by the bank and the amount Rs.64837 was paid by the complainant against the electricity dues from the month 10/2017 to 6/2018. The outstanding amount Rs.51213 plus surcharge Rs.74642 total amount Rs.125855 is due as per office memo. The op is authorized to realize the amount Rs. 125855 as recoverable as arrears of land revenue.
4. Complainant has filed his affidavit and papers in support of his pleadings. Op has also filed affidavit 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 complainant is entitled to any relief?
7. Complainant has stated that he had paid the electricity bills by the date 7.1.2024 and the electricity bill dated 7.2.2024 contained the demand of Rs.125855 with the current bill amount. Complainant has deposed that the demand of Rs.51213 was raised by the op in the year 2017 for which the complainant submitted a cheque but the said cheque was not encashed as per office memo dated 12.12.2023 and this amount remained due and increased to the extent of  Rs.64837 which was paid by the complainant through payment receipt dated 25.6.2018. Op has also admitted the payment of the said amount Rs.64837 as being due from the month 10/2017 to 6/2018. Op has stated the amount Rs.51213 being due with surcharge Rs.74642. It is clear that for the payment of arrear bill up to the month 10/2017 amounting Rs.51213 cheque dated 26.10.2017 for Rs.51213 was submitted by complainant to the op which was dishonored by the bank. As the arrear bill amounting Rs.51213 was raised as electricity charges up to the month 10/2017 and therefore the amount Rs.64837 paid by the complainant against the arrear bill from 10/2017 to 6/2018 includes the arrear amount bill Rs.51213. Thus it is proved that the complainant has paid the arrear bill Rs.51213 and any amount of surcharge Rs.74642 on the arrear amount bill Rs.51213 is not to be paid by the complainant. Accordingly op is not authorized to realize the amount Rs.51213 plus surcharge Rs.64642 total Rs.125855. As the electricity charges Rs.51213 up to the month 10/2017 remaining unpaid, the said amount is certainly included in the electricity charges from the month 10/2017 to 6/2018 amounting Rs.64837. Accordingly, complainant is not liable to pay the said amount plus surcharge and thus the op is not authorized to realize the  amount Rs. 125855 from the complainant. The said amount is liable to be struck off or waived off by the op.       

8. The question formulated above is decided in favor of the complainant.
9. We hereby direct the op not to realize the amount Rs.125855 from the complainant and to struck off or waived off by the op. Op shall also pay the amount Rs.10000 for litigation expenses.   
10. Op shall comply with the directions 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.
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.
12. File be consigned to record room along with a copy of this judgment.