Case No. 230/2023   

IN THE MATTER OF

Anil Kumar Sharma age about 65 years S/o Late Ram Murti Sharma R/o  Mahavir Residency Near Old Atrauli Bus Stand, Mahavir Park, Aligarh
 

                                                         V/s

1. Executive Engineer, Electricity Distribution Division,132 KV SubStation-Moradabad Road, Chandausi District Sambhal (UP)
2. Jaiprakash Sharma S/o Late Ram Murti Sharma  R/o Rampura (Behjoi) District Sambhal (UP) Presently residing at H.No. 402, Sector-2, Chiranjeev Vihar Ghaziabad(UP)
3. Kapil Sharma Late Ram Murti Sharma R/o Rampura (Behjoi) District Sambhal (UP)                                                                                    

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 following reliefs:-

1. Op no.1 be directed to permanently disconnect the tube-well connection.
2.  Op no. 2to 3 be directed to pay the arrear of electricity dues in proportion to their share.
3. Any other relief.

2. Complainant has stated that he has ancestral agriculture land where the tube-well connection was sanctioned in his father’s name Late Ram Murti Sharma who has expired 20years ago. Complainant’s father is survived by three sons including the complainant and the ownership of tube-well devolved upon on three sons. The electricity tube well connection account no. is 6602526000 and the load is 12 HP and tariff is LMV-5. The connection is still in the name of complainant’s father and mutation of the legal heirs has not been effected so far. All the legal heirs are liable for payment of electricity dues under clause 4.44(g) of the UP Electricity Supply code,2005 until the mutation of the legal heirs is effected and electricity dues are recoverable as land revenue under the UP Government Electrical Undertaking (dues recovery) Act, 1958. Complainant has been making payment of electricity charges and now the complainant is unable to make payment of electricity dues. Complainant is consumer as being beneficiary and is not interested to continue the electricity tube-well connection with a view to absolve from the liability of making payment electricity dues. It is necessary to permanently disconnect the connection.                   
3. Op no.1 stated in WS that in view of clause 4.38(c) of the code, 2005 the requisite fee for permanent disconnection was not paid and for permanent disconnection the requisite fee with outstanding amount is required to be paid under clause 4.38 ( c).
4. Op no. 2 and 3 submitted in WS that the electricity bills are being  paid by the Op Kapil Sharma and there is no electricity bill of the outstanding amount.                

5. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit and papers in support of their pleadings.
6. We have perused the material available on record and heard the complainant and op’s counsel.
7. The first question of consideration before us is whether the complainant is entitle to any relief? 
8. Admittedly, the electricity tube-well connection of the category LMV 5 of 12 HP stands in the name of Late Ram Murti Sharma, the father of the complainant. The complainant and Op no. 2 and 3 are legal heirs of Late Ram Murti Sharma. The legal heirs are bound to pay the electricity bills under clause 4.4 (g) of the code, 2005 and the electricity dues are recoverable as land revenue under the Act, 1958. If the complainant or any other legal heir of late Ram Murti Sharma fails to pay electricity dues, he shall be liable to face the consequences under the Act, 1958. In the circumstances complainant has the grievance to remove the electricity connection to protect himself from the consequences of being defaulter. So far as the question of moving the application for permanent disconnection with the payment of requisite fee is concerned, Complainant has deposed in his affidavit that he has moved application on 13.10.2023, copy of which annexure 2  has been filed on the record and he has also deposed to bear the expenses for permanent disconnection under clause 4.38(c) of the code and he has drawn account payee cheque for Rs.590 dated 26.2.2024 in favor of Op no.1 for payment into id account no. 771715181758. Complainant has also deposed that he has furnished the form for disconnection as provided in annexure 4.7   of the code, 2005. Thus we are of the view that the electricity tube-well connection in question be permanently disconnected on submitting the form furnished by the complainant with the cheque Rs.590 dated 26.2.2024.  
9. The question formulated above is decided in favor of the complainant.                      

10. We hereby direct the Op no.1 to permanently disconnect the tube-well connection LMV5 of 12 HP bearing the account no. 6602526000 sanctioned by Electricity Distribution Division Chandausi (DIV 120743) and sub division- SDO 1204733 forthwith on submitting the form at annexure 4.7 of the code,2005 and cheque for Rs.590 dated 26.2.2024

11. Op  shall comply with the directions within 30 days on submitting the form at annexure 4.7 of the code,2005 and cheque for Rs.590 dated 26.2.2024   failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against them. Copy of judgment with the form at annexure 4.7 of the code, 2005 along with cheque Rs.590 dated 26.2.2024 be sent to Op no.1 for compliance.
12. 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.
13. File be consigned to record room along with a copy of this judgment.