Uttar Pradesh

Aligarh

CC/206/2022

RUBI KHAN - Complainant(s)

Versus

EXECUTIVE ENGINER SHARHI VIDHUT VINRAN KHAND 3 - Opp.Party(s)

01 May 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/206/2022 ( Date of Filing : 02 Nov 2022 )   1. RUBI KHAN W/O CHAHAT KHA R/O CHHAPAR WALI MASZID NAI BASTI ALIGARH ...........Complainant(s) Versus 1. EXECUTIVE ENGINER SHARHI VIDHUT VINRAN KHAND 3 III ALAMPUR ALIGARH 2. SDO VIDHUT VINRAN KHAND III ALAMPUR 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 : 01 May 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs- Op be directed to cancel the electricity bill amounting Rs. 67476/ and another electricity bill amounting Rs. 27768/. Compensation for harassment Rs.50000/. Litigation expenses Rs.20000/ The Complainant has stated that she had obtained an electricity power connection no 2206/62810 Account id no. 1109620000 in the year 1997 for the purpose of doing lock work which was permanently disconnected in the year 2005. After some time she had obtained another electricity power connection no. 78324 Account Id no. 6677730000 which was also permanently disconnected in the year 2008. There was no electricity outstanding dues in respect of these connections but on 1.9.2022 Ops employees visited the house of the complainant and demanded Ops 67476/ against account id no. 1109620000 and Rs. 27768/ against account id no. 6677730000 as outstanding dues of the electricity bills. The electricity dues are wrong and time barred.  Op has filed WS in which it was stated that the electricity connection were granted to the complainant which were permanently disconnected. The connections were permanently disconnected on 27.10.2005 and on 23.11.2008. The amount of Rs. 81531/ and Rs.33491/ remained due till the aforesaid  said date and notices for recovery were issued U/s 3 and 5. The recovery of the electricity dues is not time barred.   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 We have perused the material available on record  and heard the parties counsel. The first question of consideration before us is whether the alleged electricity dues are not recoverable?  Admittedly, the electricity connection were permanently disconnection in the year 2005 and 2008. It is alleged by the OP that the alleged electricity dues were related to the electricity consumption up to the dates of disconnections. But there is no electricity bill raised against the complainant demanding the electricity dues as arrears. There is alleged electricity dues were being continuously recovered since the date of having  due. Thus the recovery of  electricity dues is barred by time U/s 56(2) of the Electricity Act,2003 and clause 6.1.5(b) of the U.P. Electricity Supply Code,2005. Accordingly, alleged due are not recoverable as being barred by time and are liable to be cancelled.   The question formulated above is decided in favour of the complainant  We hereby cancel the notice demanding Rs. 67476/ in respect of connection no. 62810 and Rs. 27768/ in respect of connection no. 78324 and op is direct to pay Rs. 5000/ as  litigation expenses.  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 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. 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