Heard the learned counsel for both the sides.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant, in nutshell is that the complainant is a regular consumer under the OP. The 1st electric connection was allegedly held in the year 2001. It is alleged inter-alia that after four years of electric connection the OP issued the bill of Rs.10,291/- as outstanding amount for 5549 units for the period from 01.08.2001 to 30.09.2004. Thereafter the OP issued bill and the complainant has paid the electric bill amount except bill dtd.15.10.2004. As there was arrear as on 21.03.2010 the OP issued disconnection notice. Challenging same as deficiency in service on the part of the OP, the complaint was filed.
4. The OP filed written version stating that they have charged electric bill of Rs.10,291/- for the period from 01.08.2001 to 30.09.2004 as an outstanding against the complainant. Thereafter bill was imposed on the complainant for the said period during 2004. There is provision under law for collection of outstanding dues from time to time. Therefore, the claiming arrear is not deficiency in service on the part of the OP.
5. After hearing both the parties, learned District Forum passed the following order:-
“Hence, it is ordered that the complainant is exempted to pay electricity charges from 03.08.2001 to 01.08.2003 and it is further ordered that the Ops will not demand the electricity charges of that period but will prepare a fresh electricity charges bill from 01.09.203 till receipt of this order splitting the bill on monthly basis and is entitle to recover the same deducting the electricity charges paid by the complainant from time to time. In case of non payment as above the OP can take recourse to Electricity Act 2003 for recovery of the same. The interim order dtd.31.03.2015 is disposed off accordingly. “
6. Learned counsel for the appellant submitted that learned District Forum has committed error in law by directing OP not to claim electric charges for the period from 01.08.2001 to 01.08.2003. According to him the bill for said period has already been admittedly not paid by the complainant. Learned District Forum ought to have considered the fact that the complainant has not paid the arrears and the claim was made within two years as per 56 (2) of Indian Electricity Act,2003. Learned counsel for the appellant also cited the decisions of Hon’ble Supreme Court in Civil Appeal No.7235 of 2009.
7. Learned counsel for the respondent submitted that as per 56(2) of Indian Electricity Act,2003,the claim for the period from 01.08.2001 to 01.08.2003 is barred by limitation. He also submitted that for the first time the OP issued the bill on 15.10.2004. Therefore, learned District Forum rightly directed the OP to revise the bill by exempting the complainant from payment of said bill. He supports the impugned order. He further submits that decisions cited by the learned counsel for the appellant are not applicable to the fact and circumstances of this case.
8. Considered the submission of learned counsel for both the parties, perused the DFR and impugned order.
9. It is for the complainant to prove the deficiency in service on the part of OP. It is admitted fact that the complainant became consumer under OP in 2001. It is admitted fact that for the first time he was issued bill on 15.10.2004 for the period from 01.08.2001 to 30.09.2004 for payment of Rs.10.291/-. It is only the question to be decided whether issue of such bill dtd.15.10.2004 for previous three years is to be payable or not. First time the bill was raised for those three years and as such neither 56(2) of the Electricity Act,2003 nor 57(3) of Electricity Act 2003 would apply to such issuance of bill because the claim has been made within two years from the last date i.e. 30.09.2004. Learned District Forum has not considered the real provision of law to apply in this case. Besides it is observed by the Hon’ble Supreme Court of India in the decision reported in 2021(4) CCC 277,2021(4) CPR 195,2021(4) RCR(Civil)422 Where it is held that as per 56(2) of Electricity Act,2003,bill for the period which have been escaped from assessment can be recoverable 56(1) of Indian Electricity Act,2003.
10. In view of above the impugned order of the learned District Forum is liable to be set-aside and it is set-aside.
Appeal stands allowed. No cost.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
