Uttar Pradesh

Aligarh

CC/210/2022

FULWARI LAL - Complainant(s)

Versus

EXECUTIVE ENGINER ELECTRICITY RURAL DISTRIBUTION - Opp.Party(s)

20 Apr 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/210/2022 ( Date of Filing : 02 Nov 2022 )   1. FULWARI LAL S/O KANCHI LAL R/O VILLAGE KIRAT PUR AKRABAD DISTRICT ALIGARH ...........Complainant(s) Versus 1. EXECUTIVE ENGINER ELECTRICITY RURAL DISTRIBUTION DIVISION 3 LAL DIGGI ALIGARH ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER   HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER

PRESENT:

Dated : 20 Apr 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- The Op be directed to permit the complainant to pay Rs.2000/ as the electricity charges for the month of April and May,2022. The Op be directed to withdraw the demand notice making the demand of Rs.37701/ The Op be directed to reconnect the electricity no. 311/010486 on payment of Rs.2000/. Complainant has stated that he is the consumer of Op with the domestic electricity connection no. 311/010486 on 27.5.2022 the electricity bill was raised at the meter readings displayed higher readings by the meter  then, the complainant approach the SDO on 3.6.2022 and stated the fact on 5.6.2022 old meter replaced by new meter. Complainant paid Rs.3298/ for 6 months electricity charges against bill dated 22.3.2022 and paid Rs.9905/ for 2 months electricity charges against bill dated 27.5.2022 which was excess of the average charge of the electricity consumption. The electricity bill dated 27.5.2022 was raised or higher reading displayed by the meter. Thee old meter was defected and was not recoding the accurate  reading of the electricity consumption. In case of defective meter the bill may be raised in accordance of clause 5.7 ( e) of the code,2005. Accordingly the electricity charges for the month of April and May 2002 may be calculated on the basis of average consumption of past 3 billing cycle. Complainant never consume electricity for more than Rs.1000/ per month. Accordingly, bill for the month of April and may,2022 can not be raised more than Rs.2000 and the excess demand raised by the OP is erroneous and unwarranted and is not recoverable. OP raised the bill 9.8.2022 for 284 unit bill with arrear of Rs. 35136.45 which was in excess of Rs. 33136.4/ which is not recoverable. OP issued the demand notice dated 1.10.2022 for Rs. 37701/ which is not recoverable accept the amount Rs.2000/ and the excess amount Rs. 35701/ is an excess is not recoverable. OP disconnected the electricity on 18.10.2022 which is liable to reconnected on payment of Rs.2000/. Op was served on 10.11.2022 as per track consignment of Post Office and WS was filed by OP 27.3.2023 which makes clear that the WS was filed beyond the statutory period of  limitation 45 days as provided  under the act and therefore WS cannot be admit on record for rebating the pleas of facts stated by the complainant. however illegal pleas raised by the Op can be taken into consideration. OP has challenged the juisdrction of commission in view of 7.7(d) read with clause 7.10 of the code,2005. Complainant has filed his affidavit and papers in support of his pleadings. We have perused the material available on record and heard the parties counsel. The first question of consideration before us is whether the complainant is entitled for the relief claim?     It is uncontroverted that the meter was displaying higher reading which was replaced by new meter on 5.6.2022. the electricity bill for the period the meter was displayed high reading can be released in accordance with the procedure  laid down in case of defective meter as provided in clause 5.7 ( e) of the code,2005. Accordingly was to raise of the basis average consumption of the electricity of past 3 billing cycles prior to the date the meter became defective. The average consumption as refused by the consumption was Rs. 1000/ per month and therefore electricity bill dated 27.5.2022 raised for the month of April and May, 2022 on the basis of the defective meters is unwarranted expect the amount  Rs 2000 at the rate Rs.1000 as average consumption. Accordingly Electricity bill dated 9.8.2022 by raising the demand of arrear Rs. 35136.45 and the demand notice dated 1.10.2022 for Rs.37701/ pursuant to the electricity bill dated 9.8.2022 was erroneous in respect the amount raised except the amount Rs.2000/ as average consumption at the rate Rs.1000/ per month. Thus the amount of Rs.35701/ in excess and is not liable to recover to the complainant. Complainant is liable only pay Rs. 2000/ and the op is liable to reconnect the connection on payment of Rs.2000/.Thus the demand notice dated 1.10.2022 issued by the OP against the complaintant is liable to cancel expect of the demand Rs.2000/ and   op is liable to reconnect the connection on payment of Rs.2000/ by the complainant.  The question formulated above is decided in favour of the complainant. The second question of consideration before us is whether the commission has jurisdiction to decide the present case?     In view of provisions of section 100 of the Consumer Protection Act,2019 the commission is conferred by the jurisdiction in addition to the jurisdiction vested in the other forum under the UP Electricity Supply Code,2005. Thus the District Commission is competent to hear and decide the present case. The question formulated above is decided in favour of the complainant. We hereby direct the OP to cancel the demand notice dated 1.10.2022 for Rs.37701/ except the amount Rs.2000/ and to reconnect the electricity connection of the complainant within 10 days on payment of Rs.2000/ by complainant. Failing which the op shall be liable to pay Rs.50/ for each day default till the Electricity is supplied to the complainant. Op shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.  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 as per rule on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER     [HON'BLE MRS. PURNIMA SINGH RAJPOOT] MEMBER