Complaint Case No. 97/2023

Umang Monga  S/o Late Sri Anil Kumar Monga partner M/s R.P. Locl Company, Madar Gate, Aligarh

V/s

EXECUTIVE ENGINEER Electricity Distribution Division-VI   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  the following reliefs-

1.       The Op be directed to cancel the recovery certificate of the amount Rs.5.7 lakh .
2. The Op be directed to pay compensation Rs.100000/ for harassment and litigation expenses Rs.10000/.  

2. Complainant has stated that his grandfather late R.P. Monga had applied for granting the electricity connection for tube-well but the connection was not sanctioned in his life time and the connection was not granted in the life or the complainant’s father Late Anil Kumar Monga. After the death of complainant’s father an electricity bill in respect of connection SC No. D555050003357 A/c Number 78209808143 was issued in the name of complainant regarding 7.50HP load for the period from 13.1.2021 to 1.2.2021. Complainant has never received except the said electricity bill other electricity bill in respect of alleged electricity connection. The electricity bill no. 20212781709808143 was issued in which the date of releasing supply is 1.1.1900. It is surprising to know that the date of releasing supply has been shown about 121 years ago. It is ridicules to know that the electricity connection of about 121 years old remained pending without raising the electricity bill. It means that no electricity connection was released and energed and no electricity was supplied. The bill dated 5.2.2021 is fictitious. The bill  contains total amount Rs. 1564/ with energy charges for previous  and current year Rs. 207530.73.   and no other electricity bill was issued. Thus the bill dated 5.2.2021 is false and fabricated. No amount is recoverable after a period of two years from the date such electricity charges became first due unless such sum has been shown continuously as recoverable as arrear of charges for the electricity supplied.  The alleged recovery is fictitious , unwarranted and time barred and is not recoverable. Accordingly the recovery certificate of the demand Rs.5.7 Lakh is liable to be cancelled.    
3. Op was served the with notice and Vakalatnama of the counsel of the OP  was filed but no WS or other evidence filed.  
4. Complainant has filed his affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the parties.
6. There is nothing on record to rebut the pleadings made by the complainant. OP was reminded by letter dated 27.9.2023 to file WS failing which to proceed Ex- parte but no result. It is evident that the pleadings of the complainant are unrebutted and complainant case is proved.  
7. We hereby direct the Op to cancel the recovery certificate of the demand Rs. 5.7 Lakh and to pay litigation expenses Rs.10000/ to the complainant.
8. 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.
9. File be consigned to record room along with a copy of this judgment.