Haryana

StateCommission

A/898/2015

UHBVNL - Complainant(s)

Versus

KAMLESH RANI - Opp.Party(s)

B.S.BAIRAGI

03 Nov 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                                  First Appeal No.898 of 2015

                                                                Date of Institution:16.10.2015

                                                                    Date of Decision:03.11.2015

1. Uttar Hayana Bijli Vitran Nigam Ltd., Panchkula through its Managing Director.
2. S.D.O. (OP) UHBVNL, Sub Division, Ladwa, Tehsil Thanesar, District Yamunanagar.

…Appellants

                                      Versus

Kamlesh Rani wife of Ram Chander, resident of Hinori Road, Ladwa, Tehsil Thanesar, District Kurkshetra.

                                                                                      …Respondent

CORAM:   Mr. R.K. Bishnoi, Judicial Member.

                   Mrs. Urvashi Agnihotri, Member.

 

Present:     Mr. Bhupender Singh, Bairagi, Advocate counsel for appellants.

 

                                                ORDER

 

Mrs. Urvashi Agnihotri, Member

 

1.      Uttar Haryana Bijli Vitran Nigam (for short UHBVN) is in appeal against the order dated 25.8.2015 passed by the District Consumer Disputes Redressal Forum (for short ‘District Forum), Kurukshetra.

2.      Smt. Kamlesh Rani-consumer/respondent filed a complaint before the District Forum, Kurukshetra challenging the illegally debited of an amount of Rs.24,978/-. A connection bearing account No.KL12/71 of 1994, was provided in the name of Sh. Ram Chander husband of the complainant and said connection was disconnected due to nonpayment of the bill amount, after that the complainant obtained new connection No.KL-17/2837 in her name.

3.      According to the OP, a sum of Rs.19,182/- was outstanding in the account of Ram Chander husband of complainant has been rightly and legally debited of the complainant has been rightly and legally debited to the account of the complainant in the month of May, 2009 as per rules and regulations of the Nigam.

4.      Moreover, if the OP were having any objection in giving new connection without getting the earlier amount paid, it should have raised the objection at the time of releasing new connection, but had not done by OP.

5.      Admittedly, recovery sought from the consumer was for the month of May, 2009 which was beyond the period of two years. UHBVN cannot recover the arrears after the period of two years as per Section 56 (2) of the Electricity Act, 2003, reads as under:-

“(2) Notwithstanding anything contained in any other law for the time being force, no due from any consumer, under this section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.”

 

6.      A reading of the aforesaid provision shows that no sum/amount could be recovered from the Consumer after the period of two years.

7.      In view of the above, the order passed by the District Forum was perfectly right. The appeal is, therefore, dismissed. It is made clear that the amount deposited by the complainant, if any during the pendency of the present case shall be liable to be refunded to the complainant/adjusted in the future bills of the complainant.

 

November, 11^th, 2015           Urvashi Agnihotri                   R.K. Bishnoi

                                                Member                        Judicial Member

                                                Addl. Bench                 Addl. Bench

 

 

FA No.898 of 2015

 

Present:     Mr. Bhupender Singh, Bairagi, Advocate counsel for appellants.

 

Delay of 13 days in filing the appeal is hereby condoned for the reasons stated in the application for the reasons stated in the application for condonation of delay.

 

November, 11^th, 2015           Urvashi Agnihotri                   R.K. Bishnoi

                                                Member                        Judicial Member

                                                Addl. Bench                 Addl. Bench