IN THE MATTER OF

Acchan Ali Khan age about 73 years S/o Late Gulam Mustafa Khan R/0 -2 Abdullal Road Apartment, Aligarh  

                                                         V/s

1. Executive Engineer Electricity Urban Distribution Division IV Lal Diggi, Aligarh
2. Satendra Kumar Chauhan Collection 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 be directed to cancel to the recovery of the alleged Rs.214730 being wrong, illegal, fictitious and unwarranted and consequentially op be directed to withdraw the said RC. .
2. The Op be directed to pay Rs. 10000 as litigation expenses.

2. The Complainant has stated that he was granted the electricity connection for domestic use at the premises which was permanently disconnected I the month of May,2022 and meter was removed. He has paid the electricity bill of month May, 2022 for Rs.30000 on 1.6.2022 and there was no outstanding electricity charges after the month of May,2022 but the recovery of amount Rs. 214730 was made through RC dated 26.9.2023. The alleged recovery was wrongly raised which is illegal, fictions and unwarranted. OP no.2 has made access to the complainant to recover the alleged amount on the basis of alleged recovery certificate which is liable to be withdrawn and cancelled.       
3. Op No.1 stated in WS that the complainant has made the last payment of the amount Rs.30000 on 1.6.2022 and connection was disconnected on 6.7.2022 on account of electricity dues. The old meter was replaced by new meter on 14.5.2022 and as per lab report the closing readings 30640KWH was found 15.5.2022 and the electricity bill for Rs. 211511 was raised and thereafter bill amount U/s 3 was raised for Rs.214730 as per office memo dated 16.8.2022.
4. Complainant has filed his affidavit and papers in support of his pleadings. Op no.2 has also filed affidavit in support of his 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. Admittedly, Complainant paid the last electricity bill for Rs 30000 on 1.6.2022 and on 14.5.2022 old meter was replaced by new meter and the connection was permanently disconnected on 6.7.2022. It means the electricity was consumed from 14.5.2022 to 6.7.2022, that is, less than two months. On 15.5.2022 as per lab report of the old meter the electricity bill was raised Rs.211511 and thereafter bill amount in notice u/s 3 for Rs.214730 was issued on 16.8.2022 and the electricity connection was permanently disconnected as per office memo dated 16.8.2022. It means the amount Rs.211511 was a demanded on the basis of lab report and the difference of the amount between Rs.214730-211511 =Rs 3219 is the consumption charges of the electricity for the period from 15.5.2022 to 6.7.2022 during which the electricity was consumed by the complainant and he is liable to pay the same. So far as amount of Rs.211511 as the assessment made on the basis of readings as per lab report of the old meter is concerned, the validity of the demand of the said amount is to be seen. Complainant as alleged the amount RS.214730 including the amount Rs.211511 as illegal, fictions unwarranted without authority and not recoverable. Complainant has stated that the Op has no authority to raise the said amount and the provisions of the UP Electrify Supply Code,2005 were brought into notice. It is provided in clause 5.6(c) (iii) of the Code,2005 that the defected meter shall be tested at the licensee’s lab Op independent lab/ electrical inspector as agreed by the consumer. The decision on the basis of report of the test lab shall be final on the licensee as well as the consumer. It means the defective meter shall be tested with the consent of the consumer. In view of provisions of law 5.6(d) of the code, in a case of testing of a meter in the licensee’s /independent test lab, the consumer shall be informed of the proposed date of testing at least 7 days in advance so that he may be present at the time of testing, personally or through an authorized representative. The consumer or his representative is required to sign the test result sheet. There is nothing on record to show that the consent of the complainant was obtained for testing the meter at the ops lab and he was given seven days’ notice informing him the date and time of testing the meter. In the present case no such provision was complied with while testing the meter and thus assessment raised on the basis of such a test report which was prepared without following the provisions of law having no validity in the eye of law, is also illegal, unwarranted and without jurisdiction. We are of the view that the assessment on the basis of such a test report which amount to Rs211511 is not legally recoverable from the complainant and he is liable to make payment of difference amount Rs.3219 as stated earlier.             
8. The question formulated above is decided in favor of the complainant.
9. We hereby direct the Op no.1 to cancel the recovery certificate of the amount to the extent of Rs 211511 except the balance amount of the recovery certificate Rs.3219. OP no.1 shall also pay to the complainant Rs.10000/for litigation expenses. Thus the complainant shall be entitled to get the amount Rs.10000-3219=Rs6781.
10. Op no.1 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.
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.