Haryana

StateCommission

A/510/2015

UHBVNL - Complainant(s)

Versus

MEHAR SINGH - Opp.Party(s)

N.P.S.KOHLI

29 Oct 2015

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      510 of 2015

Date of Institution:      05.06.2015

Date of Decision :      29.10.2015

 

Sub Divisional Officer “OP” Sub Division, Uttar Haryana Bijli Vitran Nigam Limited, Assand.

                                                Appellant-Opposite Party

Versus

 

Mehar Singh s/o Sh. Khajan Singh, Resident of Ward No.8, Karnal Road, Village Assand, District Karnal.

                                      Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                                                                                                         

Present:               Shri N.P.S. Kohli, Advocate for appellant.

                             None for respondent.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

Sub Divisional Officer (OP), Sub Division, Uttar Haryana Bijli Vitran Nigam Limited (for short ‘UHBVNL’), Assand, District Karnal, is in appeal against the order dated February 2^nd, 2015, passed by District Consumer Disputes Redressal Forum, Karnal, (for short ‘District Forum’) whereby complaint was allowed declaring the bills Exhibit C-2 & C-3 illegal.

2.      Mehar Singh-complainant/respondent was having electric connections bearing account No.AS2-1336 and AS20-1338. He was regularly paying the electricity bills. The dispute was in respect of electricity bills (Exhibits C-2 and C-3) dated February 7^th, 2010 wherein arrears of Rs.5396.84 and Rs.6698.07 respectively, relating to the period prior to November 27^th, 2007, were added.  It is not in dispute that for this period too, the complainant paid the electricity bill, as stated by learned counsel for the appellant.  However, on the report of Internal Audit Department dated November 27^th, 2007 (Exhibit O2), it was found that the connections were released in unauthorized colony without taking the Development Charges and thus the amounts of Rs.5396.84 and Rs.6698.07 were demanded from the complainant.  

3.      Admittedly, the recovery sought from the consumer was for the period from prior to November 27^th, 2007, whereas the demand was raised vide bills dated February 7^th, 2010, that is, after a period of more than two years, which was not recoverable in view of Section 56(2) of the Electricity Act, 2003, which reads as under:-

“(2) Notwithstanding anything contained in any other law for the time being in force, no sum 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.”

4.      A reading of the aforesaid provision shows that no sum could be recovered from the consumer after the period of two years from the date when it became first due. Otherwise too, except the Internal Audit Department Report (Exhibit O2) issued dated November 27^th, 2007, the appellant could not produce any evidence as to on what basis the disputed amount was chargeable. 

5.      In view of the above, the order passed by the District Forum was perfectly right and requires no interference.

6.      The appeal consequently fails and is hereby dismissed.

7.      The statutory amount of Rs.1100/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

Announced: 29.10.2015

(B.M. Bedi) Judicial Member

(Nawab Singh) President

 

CL