Haryana

StateCommission

A/192/2018

UHBVNL - Complainant(s)

Versus

SANTOSH - Opp.Party(s)

B.D.BHATIA

23 Oct 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :      192 of 2018

Date of Institution:      15.02.2018

Date of Decision :       23.10.2018

1.      Uttar Haryana Bijli Vitran Nigam Limited, through its Sub Divisional Officer “OP” Sub Division No.1, Rohtak.

2.      Executive Engineer, Operation City Division, Uttar Haryana Bijli Vitran Nigam Limited, Rohtak.

3.      Superintending Engineer, Uttar Haryana Bijli Vitran Nigam Limited, Rohtak. 

                                                Appellants-Opposite Parties

Versus

 

Santosh w/o Sh. Ramesh, Resident of House No.535/29, Chaudhary Lane, Tilak Nagar, Rohtak.

                                      Respondent-Complainant

 

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

                             Ms. Manjula, Member.

                                                                                                         

Present:               Ms. Alka Joshi, Advocate for appellants.

                             Shri Kamal Mor, Advocate for respondent.

 

                                                   O R D E R

 

NAWAB SINGH J.(ORAL)

 

        This Opposite Parties’ appeal is directed against the order dated December 27^th, 2017, passed by District Consumer Disputes Redressal Forum, Rohtak (for short ‘the District Forum’), whereby complaint filed by Santosh-complainant (respondent herein), was accepted. The operative part of the order is reproduced as under:-

“Accordingly we hereby quash the amount of previous arrears shown in the bill Exhibit C-1. As the complainant had already deposited 20% amount of disputed amount vide order dated 19.04.2017 of this Forum, hence it is directed that opposite parties shall refund the alleged 20% amount along with interest @ 9% p.a. from the date of deposit by the complainant till its realization and shall also pay a sum of Rs.2000/- (Rupees two thousand only) as litigation expenses to the complainant and the alleged awarded amount shall be adjusted in the future bills of the complainant.”

2.                The complainant was having electric connection bearing account No.MT-7013792. She was regularly paying the electricity bills. The meter of the complainant was changed vide Meter Change Order (MCO) No.10/416 on dated November 29^th, 2014 with effect from November 30^th, 2014. The dispute was in respect of electricity bill (Exhibit C-1) dated March 30^th, 2017 wherein arrears of Rs.1,25,242/- relating to the period prior to November 30^th, 2014, were added.  It is not in dispute that for this period too, the complainant paid the electricity bill.    

3.                Admittedly, the recovery sought from the complainant was for the period prior to November 30^th, 2014, whereas the demand was raised vide bill dated March 30^th, 2017, 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.  In view of the above, the order passed by the District Forum was perfectly right and requires no interference.

5.                The appeal consequently fails and is hereby dismissed.

6.                The statutory amount of Rs.14,465/- deposited at the time of filing the appeal be refunded to the complainant against proper receipt and identification in accordance with rules, after expiry of period of appeal/revision, if any.

 

Announced: 23.10.2018

(Manjula) Member

(Nawab Singh) President

 

CL