Complaint Case No. 178/2022

Pokh Pal Singh S/o Choke Lal R/o Chandu Goverdhanpur Thana Pali Mukimpur, Aligarh

V/s

EXECUTIVE ENGINEER Electricity Distribution Division-II   Dakshinachal Vitran Nigam Ltd. 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  cancellation of the electricity bill amounting Rs. 56921 and to pay compensation for harassment at Rs.125000.
2. Complainant has stated that he owns an Atta Chakki with electricity connection given by the OP. The connection was disconnected on 29.11.1994 with the removal of meter and electricity line and it was assured that the PDC papers would be given to him. It was also assured that there was no outstanding amount. Complainant moved application on 18.12.1994 to provide the report of permanent disconnection and on 15.1.1995 he appeared before the Executive Engineer who had stated that the entire bill has been paid and papers would be given to him. Complainant was assured and he thought that there was no necessity of any further action but on 23.03.2022 a demand notice of the amount Rs 56821 was received from the department and complainant met with the officers of the department but in vain.      

3. Op submitted in WS that the complainant paid the part payment on 27.11.2001 and the electricity was supplied till the date of disconnection made on 31.1.2002. There is outstanding amount Rs 56821 after permanent disconnection which is to be paid by the complainant.        
4. Complainant has filed his affidavit and papers in support of his pleadings. Op has filed WS without annexures mentioned in the WS and  it was endorsed on WS on behalf of the complainant.
5. We have perused the material available on record and heard the parties.
6. First question for consideration is whether the complainant is entitled to any relief?
7. Complainant has stated that the connection was disconnected on 29.11.1994 with the removal of meter and electricity line and he has supported it with the affidavit. There is no specific rebuttal by the Op and there appears no reason to disbelieve the statement made by complainant. As per provisions of UP Electricity Supply code, 2005 the electricity connection shall be permanently disconnected if the cause for which temporary disconnection was made is not removed within six month periods. As the connection was disconnected on 29.11.1994 and  therefore permanent disconnection should have been made within six months i.e. by 29.5.1995 but op has stated that connection was permanently disconnected on 31.1.2002.It cannot be legally taken into consideration for raising the bill amount Rs.56821 and thus the said amount is not legally recoverable against the complainant.   
8. Question formulated above is decided in favor of complainant against the Op.
9. We hereby direct the Op to cancel the electricity bill  amount Rs.56821 as being not legally recoverable from the complainant. Op is also directed to pay the complainant Rs. 25000 as harassment.
10. Ops shall comply with the direction 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.