Case No. 32/2018   

IN THE MATTER OF

Mukesh Kumar  S/o Sri Babu Singh R/o Village Bhanera Post Bamni Tehsil Khair,Aligarh

                                                         V/s

Executive Engineer, Vidyut Vitran Khand I Gramin 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 energize the tube-well connection noi.5141/67974 by installing the new transformer.
2.  The Op be directed to cancel the arrear bill Rs.210775 and not to realize the bill amount from the date 4.5.2014 till the date of energization of the connection.
3. Op be directed to pay amount Rs.50000 for mental agony and Rs. 10000 as cost of the case. 

2. The Complainant has stated that the tube-well connection no.66974 of 7 Hp was granted on 17.11.2004 to the complainant and he had been making payment of the electricity bills. On 4.5.2005 some unknown persons had stolen the wire of the transformer. On information given to the JE, line man inspected the spot and submitted report to the JE but the electricity line was not energized. Jagveer Singh and Gajendra Singh filed case no 83/2012 and 137/2013 against the Executive Engineer which were decided by the Hon’ble Forum on 31.3.2016 in favour of the complainants for installation of transformer and enegization of the electricity line. Complainant came to know that an amount Rs.210775 was raised by the office clerk as outstanding bill up to the month May,2016 which is wrong. OP is at fault r in rendering the service by raising the bill Rs. 210775  and failing to energize the electricity line after installation of new transformer.     
3. Op submitted in WS that the arrear bill was not paid and recovery certificate was issued. Complainant has failed to provide cable to energize the connection.    
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. Complainant has deposed that theft was committed on 4.5.2005 whereby transformer wire was stolen and therefore it is clear that electricity could not be supplied since the date 4.5.2005 and op is not entitled to raise any electricity bills since the date 4.5.2005.it is not clear the from the side of the op that  the electricity dues up to the date 4.5.2005 were under the continuous process of recovery and any amount till the date 4.5.2005 is not recoverable as being time barred U/s 56(2) of the Electricity Act, 2003 read with clause 6.15(b) of the UP Electricity Supply code ,2005. The complainant is entitled for energization of the electricity line and the complainant is not under obligation to provide any cable of the electricity line as the complainant was not at fault in removing the cable.     
8. The question formulated above is decided in favor of the complainant.
9. We hereby direct the op not to realize the any electricity dues from the date 4.5.2005 and to cancel the electricity bill amount  Rs.210775. Op is directed to energize the electricity line of the complainant and to pay cost of the case Rs.5000.
10. Op shall comply with the directions within 15 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.