Case No. 2/2014   

IN THE MATTER OF

Gulveer Singh S/o Sri Malikhan Singh R/o Zakhur Tehsil Iglas , Aligarh

                                                                     V/s

Executive Engineer, Vidhut Vitran Khand III 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 following relifes:-

1. The op be directed to cancel the bill dated 20.10.2013 for Rs.47873.
2. Op be directed to pay compensation Rs.10000 and litigation expenses Rs.5000.

2. Complainant has stated that the Op had issue a wrong electricity bill for Rs. 33966 for the period 30.11.2010 to 31.1.2011 in respect of electricity connection no. 042172. Complainant moved an application dated 12.1.2012 to the effect that no electricity line was laid in his village. Op directed the SDO I to submit report who directed JE Bishanpur to submit report but no action was taken. Complainant has also sent notice dated 14.4.2013 through council but reply was given. Complainant sought information under RTI on 16.4.2013 but no reply was given.
3. Op stated in WS that the complainant was sanctioned domestic electricity connection no. 5112/042172 but no electricity dues paid. As per report of JE the connection is energized and the electricity dues Rs.47873 demanded.                                     

4. Complainant has filed his affidavit and papers in support of his pleadings. Op 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 sought the cancellation of the bill amount Rs.47873 raised on 20.10.2013 and op has admitted in WS that the amount Rs.47873 is due from 9/13.Op has not stated that the process for recovery of the said amount was continuously made since the date of raising the bill on 20.10.2013. Although Op has issued recovery certificate dated 23.9.2022 for Rs. 172558 but there is nothing on the record to show that any process to recover the alleged sum was continuously made since the date of raising the electricity bill dated 20.10.2013 till the date of issuance of the recovery certificate and thereafter. In view of provisions of section 56(2) of the Electricity Act,2003 read with section 6.15(b) of UP Electricity supply Code,2005 the alleged sum of electricity dues is time barred and is not recoverable.                  
8. The question formulated above is decided in favor of the complainants.
9. We hereby direct the Op  not to realize the bill amount Rs.47873 or any amount accrued on the basis of said amount. OP is also directed to pay Rs.5000 as litigation expenses.
10. 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.
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.