Punjab

Kapurthala

CC/06/207

Rajesh Kumar - Complainant(s)

Versus

PSEB - Opp.Party(s)

Sh.Kanwaljit Singh

24 Jul 2007

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAPURTHALA
Building No. b-XVII-23, 1st Floor, fatch Bazar, Opp. Old Hospital, Amritsar Road, Kapurthala
consumer case(CC) No. CC/06/207

Rajesh Kumar
...........Appellant(s)

Vs.

PSEB
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

A penultimate point has been raised by counsel for complainant that opposite parties cannot claim arrears of electricity beyond period of three months. On the other hand counsel for the
- 10 - opposite parties counter urged that PSEB is competent to recover the arrears of the bills under the terms and conditions of supply of electric energy and referred to the case reported as 1886 (1) Civil Court Cases 71 Southern India Marin Products Co. vs. Kerela Stat Electricity Board and another case of Madras High Court reported as 2002 (2) Civil Court Cases 112 S.A. Ahmad vs. Tamil Naidu Electricity Board. We have gone through abovesaid case laws. Section 30 (b) of the Electricity Act empowers the Board to demand additional amount in the event of any clarical errors or mistake in the amount levied , demanded or charged by the Board then in the case of under charging , the Board shall have right to get refund of the excess amount provided at that time such claims were not barred by limitation under the law then in force It has been clearly laid down in S.A. Ahamed vs. Tamil Nadu Electricity Board (Supra) that both section 30 and 33 of the Electricity Act when read together provides that only where claims not barred by limitation, the Board shall have right to demand additional amount in the case of under charging then it follows that the right of the Board to get the amount is barred by limitation. In other words if the Boaard is to file a suit for recovery of the amount, the suit will be definitely barred. At best, the Board may claim the amount only for a period of three years from prior to the date of inspection. Acting on the ratio of aforesaid case opposite parties can claim arrears for period of three years prior to memo dated 8/6/2006 Ex.R2 served upon the complainant and not beyond that. In the ultimate analysis of aforesaid discussion, we
- 11 - partly accept this complaint and order that opposite party Board is entitled to recover difference of tariff for a period of three years prior to 8/6/06 and modify the tariffs in the calculation chart Ex.R10 accordingly and refund amount to the complainant if found excess after adjustment of the deposit of Rs.34044/- made by him in pursuance of the order dated 29/6/06 of this Forum and can claim further recovery if still found due. However parties are left to bear their own costs. Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room.
Announced : ( Sushma Handoo ) ( Sudha Sharma ) ( A.K. Sharma ) 24.7.2007 Member Member President.