Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
Heard Appellant-Mr.Ganesh Y. Aware in person at length on the point of admission.
2. Appellant takes an exception to an order dated 17/07/2013 passed in consumer complaint No.252/2011 (Shri Ganesh Yashwant Aware V/s. Executive Engineer, Maharashtra State Electricity Distribution Co. Ltd., Rajgurunagar, Pune) by Addl. District Forum, Pune.
3. The grievance of the appellant was that he resides at Alandi Devachi, Tal. Haveli, Dist. Pune and for that purpose has taken energy supply from Maharashtra State Electricity Distribution Co. Ltd. (hereinafter referred to as ‘Electric Company’) and his consumer no. is 1760113388964. He had taken said energy supply on 12/12/2000. However, he started actually residing in the premises from 04/04/2003. On 15/05/2003 his energy meter was replaced as defective and new electronic meter was installed. According to the appellant till 15/05/2003 he was entitled only to pay meter rent. Thereafter, appellant could not pay the energy consumption bills due to his illness. In the month of December 2005 appellant has received a bill for `24,000/-. On 04/12/2005 appellant represented to the Electric Company to reduce the amount of bill and also tried to point out to the Electric Company as to how the bill for consumption of 4883 units for period of 19 months was calculated wrongly. However, he was asked to pay the arrears in five installments and accepted `5,000/- towards arrears. On 31/03/2005 Electric Company had floated a scheme to rebate 100% interest for late payment, but said facility and benefit was not given to the appellant. In the meantime, on 12/12/2006 Electric Company had accepted `1,600/- from the appellant towards part payment of arrears and promised him to redress his grievance. On 07/02/2007 meter of the appellant was taken for inspection and it was found ‘O.K.’ and as per current bill `2,600/- were accepted from the appellant. Appellant asked for a report of installation of energy meter in the year 2003 but it was not given. Till 07/10/2009, Electric Company had received `15,600/- from the appellant. It is the grievance of the appellant that due to wrong reading and defective meter he was required to pay interest on arrears and accordingly he made a grievance in writing on 17/10/2010 but in vain. In the meantime, he had taken the matter to the Consumer Disputes Redressal Forum established by the Electric Company under the Indian Electricity Act, 2003. However, his grievance was not redressed there. It is further submitted on behalf of the appellant that during 02/01/2005 till end of 2006 his energy consumption was minimum and though his energy consumption was increased during the period 2008 to 2010, to pay energy consumption charges for `27,340/- was not proper. According to him he is not liable to pay `27,340/- towards energy consumption charges. However, Electric Company had received `34,955/- from him. According to him `2,053/- was at his credit as per his calculation. Bill dated 29/10/2011 showing arrears of `48,430/- was wrong and his energy supply was thereafter discontinued on 03/10/2011 without giving pre-intimation or notice and therefore, consumer complaint was filed with a relief that bill for `48,430/-, supra, should be corrected and Electric Company should be asked to give a proper energy consumption bill.
4. Opponent/Executive Engineer-Mr.H.A. Pise appeared and in his affidavit for the opponent it is submitted on factual aspects that energy meter was installed at the place of appellant in the year 2001 and his old Electromagnetic energy meter was replaced with Electronic energy meter in the month of February 2003 giving credit of `1268.70 in April 2003 when the bill for faulty status was given. However, appellant did not pay electric bill and `23,780/- with interest were due from him and under those circumstances, his energy supply was discontinued on 15/10/2005. Thereafter, appellant in a meeting with the officials of Electric Company, officials of the Electric Company explained to him in detail the bill and appellant admitted the arrears and agreed to pay the bill in installments and accordingly paid first installment of `4,755/- on 05/01/2006 and on that his energy supply was restored. Thereafter, bills were given as per the meter reading to the appellant, but he failed to pay the bills. Installments were given to him for `7,533/-, `7,533/- and `7,534/- respectively payable on 26/02/2007, 26/03/2007 & 26/04/2007, but only `6,400/- was paid on 26/09/2008. As per request of the appellant his energy meter was tested and found ‘O.K.’. After unsuccessful in getting relief at the Electricity Ombudsman, appellant and his son further admitted to pay the total arrears in three installments as per their letter dated 22/07/2011, but failed to keep their promise. After giving a notice dated 16/07/2011 for the arrears payment of `44,040/-, his energy supply was again discontinued on 03/10/2011 as per provisions of Section 56(1) of Indian Electricity Act, 2003. Copy of the notice dated 16/07/2011 given and the acknowledgement of receipt of said notice by the appellant is also produced on record.
5. The District Forum found no substance in the grievance made by the appellant and also relied upon the fact that notice before disconnection in the year 2011 was given and further taken into consideration that the fact that the appellant had chosen/elected to avail remedy by referring his dispute to the Consumer Disputes Redressal Forum established under the Electricity Act, 2003 and filed this consumer complaint only after being unsuccessful there; cannot be entertained. For all these reasons, complaint stood dismissed and being aggrieved thereby, this appeal is preferred.
6. It is not in dispute that in a Consumer Application No.62/2011 taken up before the Consumer Disputes Redressal Forum of Pune Region established under the Electricity Act, 2003, said Forum preferred to deal with the complaint and disposed it off. Since, complainant/appellant preferred to elect remedy as provided under the Electricity Act, 2003; on the same facts, he cannot file a separate consumer complaint to the Forum established under the Consumer Protection Act, 1986. Therefore, the District Forum rightly dealt with this aspect and we find ourselves in agreement with it.
7. Furthermore, at more than one occasion since 2005 appellant had admitted the arrears and accepted to clear those arrears by making payment in installments and for which installments were also granted by the Electric Company. He paid first installment but failed to pay subsequent installments. According to him as per statement made in the complaint, due to his illness he could not pay. Whatever may be reason, the arrears get accumulated and his admission of arrears would forfeit his further rights to make any grievance about the bill of arrears. The particulars of his arrears were also re-supplied to the appellant by the Electric Company as per their letter dated 20/03/2009.
8. Besides this, cause of action in respect of alleged faulty bill arose in the year 2003 or at the most on 15.10.2005/05.01.2006, supra, and subsequent bill in the year 2011 is only in continuation thereof. The consumer complaint is obviously filed beyond two years from accrual of initial cause of action. We invited attention of the appellant to this aspect but he had no answer to this.
9. The circumstances and undisputed facts do reveal that, certainly, it is not a case of a dispute relating to “unfair trade practice” or “restrictive trade practice” adopted by a service provider, namely, the Electric Company. A useful reference on the point also can be made to a ratio decidendi of the decision of the Apex Court in the matter of U.P. Power Corporation Ltd. & Ors. V/s. Anis Ahmad, in Civil Appeal No.5466/2012, decided on 01/07/2013 (Coram : G.S. Singhvi & S.J. Mukhopadhaya, JJ).
10. Considering all these aspects, we find no fault in the impugned order and it is not a case which requires further judicial reassessment. Appeal has no merit. We hold accordingly and pass the following order :-
-: ORDER :-
1. Appeal stands dismissed in limine.
2. No order as to costs.
3. Copies of the order be furnished to the parties.
Pronounced
Dated 10th September 2013.
