Complaint Case No. 105/2023

Shilendra Kumar Saxena S/o Diwarilal Saxena  R/o 3/152 Vidhya Nagar Colony , Aligarh

V/s

EXECUTIVE ENGINEER Electricity Urban Distribution Division-II . 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 cancellation of the assessment amount Rs. 109396 with interest and for payment of litigation expenses Rs.15000.
2. Complainant has stated that the electricity connection Id No. 2836430000 of the category LMV1 for domestic use is installed at his premises and is regularly billed by the Op and is paid by the complainant. There is a room where the students of adjoining houses used to come to study together without availing any coaching facility and no teacher teaches them and no fee is charged. Complainant being the retired employee of bank provides facility to the students and extend support to them. The accommodation is known as library where eminent educationists/teachers as guests come to deliver the speeches on different subjects. No inspection was made and it cannot be said that electricity was being used for commercial propose as LMV2 and the alleged assessment is liable to be cancelled.

3. Op submitted in WS that the complainant had been using the electricity of the category of LMV 4 of the higher rate of tariff instead of LMV-1 category. On 9.7.2022 checking of the premises was made and the complainant refused to sign on the checking report and then the report was affixed at the premises. Complainant had been unauthorized using the electricity and represtation made by the complainant was considered and the proposed assessment amount Rs. 152023 was amended and the final bill was raised at Rs.109396.    
4. Complainant has filed his affidavit and papers in support of his pleadings. Op has filed affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the parties.
6. First question for consideration is whether the complainant is entitled to any relief?
7. Admittedly, complainant is the consumer of the Op with electricity connection of the category LMV 1. As per alleged checking report the complainant is said to have been using the electricity connection of the LMV2 category. As per complainant’s case electricity connection was being used as an accommodation for studying the adjoining students free of charge and they are enlightened by the speeches of the eminent educationists/ teachers. It is provided in sub clause (e) of clause 3.3 of the UP Electricity Supply code, 2005 the professionals and teachers may utilize the residential space for professionalpractice and this shall not attract non domestic tariff. Complainant has stated that the accommodation was used as library and started by an eminent educationist Dr. L.K. Asthana since 20.3.2022 for enlightening the people and educationists/ teachers come as guests to deliver the speeches on different subjects. Complainant has further stated that no inspection was made in his presence and he never refused to sign the report. Complainant has substantiated his version with affidavit. OP has not file any checking report on the record and any person of the inspection team has not rebutted the version made by the complainant with the affidavit. Thus the complainant’s  version is proved. OP has stated that the checking report was affixed at the premises. It is provided in clause 6.8 of the UP Electricity Supply Code, 2005 that it is incumbent on the inspection team to paste the checking report at the premises with photograph and to send the report by registered post on the day on next day of the inspection but there is lacking of such compliance of the provisions of law and there is evidence on behalf of the OP to prove the said compliance. Thus the inspection of the premises of the complainant is not proved and any assessment based on such checking report is not sustaining in law. We are of the view that the alleged assessment is liable to be cancelled.           
8. Question formulated above is decided in favor of complainant.
9. We hereby direct the Op to cancel the assessment amount Rs. 109396 . Op is also directed to pay the complainant Rs. 10000 as litigation expenses.
10. Ops shall comply with the direction 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.