Safi Mohmmad S/o Sri Sher Mohmmad R/o Kodiyaganj Thana Akrabad Aligarh

                                                         V/s

1. Executive Engineer, Dakshanachal Vidyut Vitran Nigam Ltd. Vidyut Vitran Khand III Lal Diggi, Aligarh  
2. J.E. Sub Station Kasimpur Akrabad , Vidyut Vitran, 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 issuing direction to the op to reconnect the tube-well connection of the complainant and to pay damages Rs.500000.   
2. The Complainant has stated that he has tube well connection no. 5023/021458 and he has paid the electricity bill up to the date 7.5.2013. On 16.6.2013 the electric pole with the electric wire have damaged whereby tube well could not be operated and the complainant suffered  loss for want of  electric supply. On 28.12.2015 lineman of the area informed to make payment of the arrear amount Rs.165000 whereas the electricity charges for only 20 months at the rate Rs.800 per month total Rs.16000 are due.                  
3. Op admitted in WS that the tube-well connection is recorded in the name of the complainant who has not paid the electricity dues since the month May, 2013 and the electricity dues from 5/2013 to the month 4/2016 are Rs.44244 which were not paid by the complainant and recovery is being made as per rules.      
4. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit in support of their 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. Indisputably, complainant has paid the electricity charges by the date 7.5.2013 and the electricity dues of the period from 5/2013 to 4/2016 have been alleged by the op to be due against the complainant. Complainant has stated that the electricity was not supplied from the date 16.6.2013 and the electricity charges of 20 months amounting Rs.16000 are due. There is nothing to show that the process for recovery of alleged dues were being continuously issued and thus the alleged recovery is barred U/s 56 (2) of the Electricity Act,2003 read with clause 6.15(b) of the code, 2005 and is not recoverable as being time barred. So far as the question of  admitted electricity charges Rs.16000 is concerned, complainant is liable to pay the same. There is no evidence of damages Rs.500000 caused for want of electric supply. 

8. The question formulated above is decided accordingly in favor of the complainant.
9. We hereby direct the op to reconnect the electricity connection on payment of Rs.16000 by the complainant.
10. Op shall comply with the directions within 45 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.