Haryana

StateCommission

A/1049/2015

HVPN - Complainant(s)

Versus

PAWAN KUMAR - Opp.Party(s)

ALKA JOSHI

12 Jul 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First appeal No.1049 of 2015

Date of the Institution: 08.12.2015

Date of Decision: 12.07.2016

 

1. Sub-Divisional Officer (OP), Division, UHBVNL, Ladwa, Distt. Kurukshetra.
2. Uttar Haryana Bijli Vitran Nigam Limited, through its Chairman, Panchkula.

                                                                   .….Appellants

 

Versus

 

Pawan Kumar S/o Hukam Singh, r/o Ladwa, Distt. Kurukshetra.

                                                                             .….Respondent

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

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    Mrs.Alka Joshi, Advocate for the appellants.

                    Mr.Pawan Kumar respondent in person.

O R D E R

R.K.Bishnoi, JUDICIAL MEMBER:

 

Complainant alleged that he received a bill of  Rs.7517/- issued by opposite parties (O.Ps.)/appellants payable up to 11.2.2011, whereas he was making payments regularly and nothing was due towards him. 

2.      It was alleged by O.Ps. that amount of Rs.7517/- was outstanding against the father of the complainant.  As being son, he was liable to pay that amount.

3.      After hearing both the parties, learned District Consumer Disputes Redressal Forum, Kuruksehtra  (In short “District Forum”) allowed the complaint vide impugned order dated 16.09.2015 and directed as under:-

“In view of the said circumstances, this complaint  stands allowed and the opposite parties are restrained from recovering the amount in question from the complainant.  It is also made clear that the amount deposited by the complainant, if any during the pendency of the present proceedings shall be liable t be refunded to him.”

4.      Feeling aggrieved therefrom, O.Ps./appellants have preferred this appeal.

5.      Arguments heard. File perused.

6.      On perusal of copy of ration card available on the record of District Forum, it is clear that complainant was  living separately and not with his father.   It is also not proved that the electric connection issued in the name of the father of the complainant was transferred in his name.  If any amount was due towards his father the same cannot be recovered from him when he is residing separately and he is not consuming electricity from the connection issued in his father’s name.  It was admitted during the course of arguments that the amount of Rs.7517/- was pertaining to the period 21.10.1992 to 10.12.1994. So, it is not recoverable as per provisions contained in Section 56 (2) of the Electricity Act, 2003 (In short “Act”). 

Section 56(2) of the Electricity Act, 2003 is reproduced 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.”

7.      From the perusal  of aforesaid provision no sum can be recovered from the consumer after the period of two years from the date when it became due. The appellants did not lead any evidence to prove that on what basis and since when the sum of Rs.7517/- was chargeable. This view is also fortified by the opinion of Hon’ble Punjab and Haryana High Court expressed in Punjab State Electricity Board & Anr.Vs.Rajinder Kumar 2013 (4) Civil Court Cases 247.

8.      Learned District Forum has taken into consideration each and every aspect from every angle. The impugned order is well reasoned, based on law and facts and cannot be disturbed.      Hence, this appeal is hereby dismissed.

9.      The statutory amount of Rs.3834/-  deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules.

 

July 12th, 2016

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K