Shri. A.V Prabhune, Member –

1)          Applicant, on dtd 21.10.2020, had filed Execution Application under Section 72 of The Consumer Protection Act 2019 alleging non compliance of the Forum’s order dtd 01.11.2011 in Consumer Complaint No CC/79 of 2011.

2)          Applicant had admitted on records of having two electricity connections (One Residential & one commercial category) in the premises of Applicant. Applicant further submitted that N.A had installed commercial category meter for the office of NGO at second floor. Applicant had paid all bills regularly. Applicant had paid meter testing charges for faulty meter but Non applicant had not provided meter testing report to Applicant. Applicant further alleged Non Applicant had issued bills since June 2011 at business rates till filing of Complaint before CGRF Nagpur on 30.11.2019. Applicants request for correction of bills for the period from 31.03.2013 to 31.12.2019 were not considered by Internal Grievance Redressal Commission (IGRC), Consumer Grievance Redresal Forum (CGRF) MSEDCL & Electricity Ombudsman Nagpur. Applicant received disconnection notice dtd 06.01.2020 for the arrears amount of Rs 86,895/-. Applicant denied arrears & prayed for staying disconnection notice till final disposal of present execution proceedings.

3)          The Non Applicant filed joint reply to the Execution Application & present application for ad interim stay against disconnection notice. Non applicant submitted preliminary objection that Applicant is trying to mislead forum by making false submission about the two connections (one Residential & one Commercial category) available at his premises, therefore, liable to be prosecuted for filing false affidavit. N.A. further submitted that the order dtd 01.11.2011 has been fully complied & necessary credit of Rs 41399.18 was adjusted in the month of November 2012. Applicant is irregular in paying electricity bills & had failed to pay electricity charges for Residential category & Commercial category connections separately. Applicant is trying to evade legal liability by abusing the process of law. Non Applicant prayed for dismissal of application with heavy costs.

4)          Heard Ld. Counsels of both parties. Perused documents & reply in the proceeding. The findings of this commission are as below.

S.N.  Issues      /Points                                 Findings

1) Whether Non Applicant had committed willful

   Disobedience towards Forum order dtd 01.11.2011        No

2) Whether Non Applicant is liable for punishment

   Under Section 72 of the Consumer Protection Act         No

3) What Order                                  As Per Final Order

CONCLUSION

5)    It can be seen that Applicant’s premises has two electricity connections with Consumer Number 410011720947 (Commercial category) with Meter number 07615269873 & other Consumer Number 410015802077 (Residential category) with Meter number 06701779857, which is evident from the Document No 4 to 8, Electricity bills, filed with execution application. It is evident that Applicant had incorrectly submitted above facts vice-versa for the reasons best known to him. Non applicant had prayed for taking actions against Applicant for furnishing false information on the above count.

6)  This Commission has perused the documents filed on records & find substantial merits in the submission of the learned counsel for the Non Applicant. Non Applicant had provided new separate connection on 14.02.2012 in pursuance of the order dtd 01.11.2011. It can be seen from the document filed at Page No 27 & 28 of the Execution Application (Consumer No 410011720947–Commercial Category connection) that Non Applicant had provided credit of Rs 41399.18/- to Applicant in Nov 2012 in pursuance of the order dtd 01.11.2011`of this Forum,    therefore, Arrears amount of Rs 55019.73/- shown in Oct 2012 was reduced to Rs 14504.89/-. It is further noticed that arrears amount was further piled up from Rs 14504.89 in Nov 2012 to Rs 81252.36/- till September 2019 as Applicant failed to deposit bill amounts promptly during every subsequent month. It can be seen that during November 2012 to July 2015 (almost 31 months), Applicant had deposited bill payments in 3 months only & that too as per his choice, i.e. Rs 5000/- on 14.01.2013, Rs 10320/- on 27.09.2013 & Rs 8000/- on 31.03.2014 although the liability for 31 months was much higher than the deposited payments. Thereafter, also from August 2015 to September 2019 (almost 49 months), Applicant was highly irregular & continued to deposit lesser amounts as per his choice. It is matter of records that Applicant was highly irregular in paying Electricity bills from November 2012 to September 2019. Applicant himself is liable for piling up the arrears amount & no fault can be attributed to Non Applicants. Moreover, learned Counsel for the Applicant had not provided any satisfactory justification for irregularities in bill payments of the Applicant.

7)  It can be seen that Non Applicant has implemented order dtd 01.11.2011 by providing separate Electricity Connection for residential & commercial category (Consumer Number 410011720947 (Commercial category) & Consumer Number 410015802077 (Residential category)) at Applicants premises. It is matter of records that Applicant himself is highly irregular in paying electricity bills. It can be seen that Applicant had raised billing disputes before Internal Grievance Redressal Cell, MSEDCL Nagpur & Consumer Grievance Redressal Forum, MSEDCL Nagpur in Complaint No CGRF(NZ)/95/2019, which was dismissed vide order dtd 31.12.2019. Applicant further submitted representation (No3/2020) against said order before Hon Electricity Ombudsman, Nagpur, which was also dismissed vide order dtd 16.03.2020. It is clear that Complainant had filed earlier complaint on 23.08.2011 before this Commission & it was decided vide impugned order dtd 01.11.2011, therefore, prior billing disputes were covered in the above complaint. It is settled position that Executing court cannot go beyond the decree. The scope of the present execution petition is limited only to the extent of implementation of the order dtd 01.11.2011. Applicant cannot be permitted to raise billing disputes for the prior & subsequent period of the impugned order in the present execution proceedings.

In view of the above facts & discussions, Commission records findings in respect of Point No 1 & 2 in Negative.

8)    Commission does not find any merit in the present Execution Application, therefore, present execution application deserves to be dismissed.

ORDER.

1) Applicant’s Execution Application is dismissed.

2) No Order as to Costs.

3) Non Applicants are discharged from the offence under Section 27 / 72 of the Consumer Protection Act.

4) Bail bonds, if any, furnished by Non Applicants stands cancelled.