Case No. 195/2023   

IN THE MATTER OF

1. Zahid Khan S/o Ahmad Khan R/o 4/663 Savistan Compound, Nagla Road Dodhpur, Aligarh
2. Mohanmmad Imran Khan S/o Ahmad Khan R/o Shahanshabad JamalPur, Aligarh

                                           V/s

1. Executive Engineer Electricity Urban Distribution Division III, Lal Diggi Aligarh
2. Arun Kumar (Amin) Tehsil Koil 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 no.1 be directed to cancel the alleged recovery of the amount Rs.38500.
2. The Ops be directed not to realize the alleged amount Rs.38500+ in any way whatsoever from the complainant or the consumer Zadan Khan .
3. Op no.1 be directed to repay to the complainant the amount Rs.5000 with interest @ 18% per annum from 30.8.2023 till the date of payment.
4. Ops be directed to pay compensation Rs.50000 for harassment and litigation expenses Rs.10000.

1.  It is stated that complainant Zahid khan’s son  Zadan Khan had applied for granting domestic electricity connection at the premises which was sanctioned but the connection was not connected from supply pole to the premises and no meter was installed. The connection was not energized on the date of its sanction or thereafter or on any date. Complainant no.2 is a relative of the consumer who had given his mobile no. on application form and therefore he was contacted by the op to pay the electricity charges. He met with the JE Mr. O.P. Kushwah on 2.9.2018, who had endorsed on the payment receipt dated 17.6.2017 to the effect that this connection not in use now, no billing of this connection. He had also signed on the endorsement. Complainant no.2 was informed by OP no.2 in the month of August, 2019 to make payment of the electricity dues Rs.38500/ plus. OP no.2 threatened the complainant no.2 to take into custody and he paid Rs.5000/ vide receipt dated 30.8.2023 under duress. The electricity connection was never energized and therefore complainants are not liable to pay any alleged electricity dues and amount Rs.5000 is liable to be refunded by the OP no.1. Complainant has suffered economic loss and mental agony by the acts of the Ops and are entitled for compensation Rs.50000 and litigation expenses Rs.10000. 

2. OP stated in WS that the complainant was sanctioned the electricity connection which was energized on 5/2018 and the complainant had paid the amount Rs.15874 against the electricity bill of the month 5/2018. The connection was disconnected on account of non payment of electricity dues 38585. Complaint is time barred and commission has no jurisdiction in view of clause 7.7(d) of the code 2005.               
3. Complainant has filed his affidavit and papers in support of his pleadings. Op have also filed affidavit in support of their pleadings.
4. We have perused the material available on record and heard the parties counsel.
5. The first question of consideration before us is whether the complainant is entitled to any relief?
6. Complainant has stated in para no4 of the complainant that Mr. O.P. Kuswaha J.E. had endorsed on the payment receipt dated 17.6.2017 to the effect that this connection not use now, no billing of this connection. Complainant has filed the payment receipt as annexure 2. OP has simply denied it in WS and there is no specific mention that O. P. Kushwaha J. E. had not made the said endorsement. There is no denial by Mr. O.P. Kushwaha J.E. It is proved that the Mr. O.P. Kushwaha J.E had endorsed on the payment receipt. It is clear from the endorsement made by the JE  that the connection was not in use. As the connection was not in use, there can be no occasion to energize the connection and no question arises for payment of any electricity charges. Complainant Imran Khan  has denied on oath in his affidavit that the connection was not energized in the month of 5/2018 and the amount of Rs.15874 in respect of electricity charges was not paid by the complainant. OP has not filed any proof regarding payment of the said amount in respect of the alleged electricity bill. It is proved  that the connection was not energized  and therefore complainants are not liable to make the payment of any amount in respect of electricity charges. It has been deposed by the complainant that the amount Rs.5000 was given under duress and therefore ops are liable to refund the said amount with interest. This is clear unfair method adopted by the Ops and is also deceptive practice. In such a case the Op no.1 Executive Engineer is personally liable to refund the amount Rs.50000 paid by the complainant under duress. In view of discussion made above, the amount of Rs.38500 is not liable to be recovered from the complainants and the amount of Rs.5000 is liable to be recovered from the Op no.1 to be paid to the complainant. the objection raised by the op under clause 7.7(d) of the code is not maintainable in view of section 100 of the Act,2019 whereby the commission is vested with the jurisdiction as additional forum .the demand of electricity dues was made on 30.8.2023 and complaint is within time.         
7. The question formulated above is decided in favor of the complainants.
8. We hereby direct the Op not to recover the amount Rs. 38500+ from the complainant as being legally not recoverable and op no.1 is directed to pay amount Rs.5000 with interest @10% annum from30.8.2023 till the date of actual payment to pay to the complainant within a month, failing which amount Rs.5000 shall be deducted from the salary of the OP no.1 and be paid to the complainant.
9. Op shall comply with the direction within 30 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
10. 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.
11. File be consigned to record room along with a copy of this judgment.