ORDER

16.02.2024

Sh. Sanjay Kumar, President

1. In brief facts of the present case are that complainant is a widow and residing at H No.30B, Village Sahipur, Delhi. It is stated that an electricity connection obtained through K No.45300152050 with sanctioned load of 1 KW for domestic purposes in the name of complainant. It is further stated that complainant has been regularly making the payment of electricity bills as and when receives and there is no legally payable outstanding dues against the complainant. It is stated that complainant has received a bill for the month of April 2010 of Rs.1617.68 p with due date 26.03.2010 and same was paid on 23.03.2010.
2. It is stated that suddenly complainant received a bill of Rs.2,25,952.69p in which current demand is only Rs.1977.01p and arrears of Rs.7.68p and total amounting to Rs.2,25,992.69p which is illegal. It is further stated that complainant contacted the respondent and thereafter informed that OP transferred the dues of some other connection, whereas there is no provision of law to transfer the dues of some other connection against the connection of complainant. It is stated that in the premises  of complainant there is only one connection installed and no other connection was ever sanctioned or disconnected.
3. It is stated that as per section 126 Electricity Act, 2003 an inspection conducted by assessing officer notified by the company if unauthorized use is found then after affording an opportunity of principal of natural justice and then passing the speaking order and the same is reserved upon the consumer before issuing the bill but in the present case principal of natural justice not complied. It is further stated that it is learnt that connection whose dues were transferred were disconnected many years back for non payment and as per section 56 of the Electricity Act, 2003 dues ones raised than the same is barred by time after  lapse of two years and thus demand prior to two years is barred by limitation.
4. It is stated that even otherwise there is no privity of contract between the complainant and respondent for transferring the dues of some other consumer therefore, the demand is illegal, arbitrary and unjustified. The complainant is seeking declaration of the bill of Rs.2,25,992.69p with due date 26.05.2010 as wrong, illegal, arbitrary null and void and be quashed, restraining the respondent from disconnecting the electricity supply of the complainant on the basis of non payment of impugned bill, direction to respondent to pay compensation of Rs.25,000/- to complainant on the account of mental agony, pain and for the cost of litigation charges and any other order which deems fit and proper may be passed in favour of complainant.
5. OP filed detailed WS and taken preliminary objection that there is no cause of action in favor of complainant and present complaint is shear misuse of process of law and complainant has not approached the Hon’ble Forum with clean hands and concealded the material facts, therefore, complaint is liable to be dismissed.
6. OP submitted preliminary submissions. It is stated that the alleged dispute in question pertains to two electricity connections i.e K. No.45300152050 supply type domestic type of sanctioned load of 1 KW installed at H. NO.30B Village Sahipur and electricity connection no. K No.45300144434 supply type DL/NF of sanctioned load of 24 KW installed at 30B Village Sahipur, P8/157, Delhi in favour of complainant and Sh. Anil Kumar. It is further stated that the said consumer had constantly defaulted in making payments towards the amount legally and lawfully due for electricity consumed and the respondent was constrained to disconnect the aforesaid domestic connection K No.45300144434 on account of non payment of dues as per law.
7. It is stated that respondent issued a notice dated 14.05.2009 in pursuance with the site verification report to the complainant, registered consumer intimating that the dues amounting to Rs.387996 has been accumulated against the said DL/NF connection K NO.45300144434 which was lying disconnected. It is further stated that the respondent further brought it to the notice of the complainant that if noticee does not stop facilitating the disconnected portion/premises (K No.45300144434) the entire amount of Rs.387996 shall be transferred to the account of K No.45300152050 which in favour of the notice/complainant. It is further stated that noticee failed to act in accordance with the caution mentioned in the said notice and neither the dues was cleared which were legally and lawfully payable for electricity consumed through K NO.45300144434 nor any reply/representation was ever made against the said notice, therefore, respondent left with no alternative but to transfer the said amount to the K No.45300152050 in due accordance with law. The copy of report and notice filed on record.
8. It is stated that complainant has approached this hon’ble forum alleging that she is the user and registered consumer of electricity from K NO.45300152050 and is not liable to pay the dues against K No.45300144434 since there is no connection, however both the aforesaid electricity connections are installed at 30B, Village Sahipur, Delhi and electricity was being constantly consumed from both the connections by the registered consumer himself or with his knowledge and consent. It is further stated that the respondent is therefore, well within its rights to recover the amount due and payable for electricity consumed by taking recourse to all legal remedies at its disposal against the registered consumer who has enjoyed the services of respondent. It is stated that the complainant not only concealing the material facts but also making false averments and abusing the process of law, therefore, present complaint is liable to be dismissed. It is stated that the entire statement of account of both K Nos filed on record and there is accumulation of dues to the tune of 225993 till May 2010.
9. On merit all the allegations are denied and contents of preliminary submissions reiterated. It is stated that present complaint is liable to be dismissed.
10. Complainant filed rejoinder to the WS and denied all the allegations made therein and reiterated contents of the complaint. The complainant denied installation of K NO.45300144434 installed at the premises no. B30 Village Sahipur, Delhi. The complainant denied the site verification and service of notice dated 14.05.2009. It is stated that complainant did not extend the supply outside the premises. It is further stated that plot no.30B is very big plot having many small houses and complainant is not liable to pay the dues of some other consumer. It is stated that complainant is entitled to all the reliefs claimed in the complaint.
11. Complainant filed evidence by way of affidavit. In the affidavit all the contents of complaint reiterated.
12. OP filed evidence by way of affidavit of Sh. Arun Sharma Customer Service Manager. In the affidavit contents of WS reiterated. OP relied on copy of connection verification report and other relevant documents Ex.D1 and copies of statement of K NO.45300144434 and 45300152050 as Ex.D2.
13. Complainant filed written arguments as well as by OP.
14. We have heard complainant in person and Sh. Harish Purohit AR of OP and perused the record.
15. The complainant challenged the impugned electricity bill for the month of May, 2010. In this bill Rs. 2,25,992.69/- shown as total due including current demand of Rs. 1997.01/-. The OP illustrated the demand and highlighted the facts that another electricity connection K.No. 45300144434 (CA No.60009652649) registered in the name of Sh Anil Kumar for sanctioned load of 24 kw for domestic light/misuse. This connection was energized on 17.10.1996 and lying disconnected from 24.06.2006. The OP officials carried out site in verification and found that at the premises from where this connection was removed being supplied electricity from the active connection of the complainant K.No. 45300152050 (CA No 60009248042). The OP officials as per verification report issued a notice on 14.05.2009 mentioning the total due of Rs. 3,87,996/-. The OP proved the verification report Ex D/1. The OP further explained that the connection installed in the name of Sh. Anil Kumar was disconnected due to non payment of electricity bills. The detailed statement of account also filed on record of Sh.Anil Kumar and complainant Smt. Rajesh.

16. According to documents filed by OP both electricity connections installed at 30B Village Sahipur, Delhi. The electricity connection in the name of complainant was energized on 18.11.2002 and in the name of Sh. Anil Kumar energized on 24.06.2006. The complainant simply denied the verification report. The complainant failed to establish by way of any document that the electricity installed in the name of Sh. Anil Kumar was not installed in the premises having the same no. of the complainant.

17. It is pertinent to mention here that in the complaint, complainant has not disclosed the name of her husband. However, in the evidence by way of affidavit she mentioned Smt. Rajesh wife of Lt. Sh. Anil Kumar. In these circumstances, it cannot be ruled out that Sh. Anil Kumar may be her husband and all the dues pertaining to the same premises pertains to complainant wife and her deceased husband Sh. Anil Kumar. The OP transfer the dues to complainant after fallowing the due process of law and as per provisions of the Electricity Act and Regulations. The OP relied on judgment of K.C Ninan Vs Kerala State Electricity Board & Ors. (Supreme Court) decided on 19.05.2023. We have gone through the judgment. Present case is squarely covered on the basis of judgment of K.C Ninan (Supra).

18. On the basis of above observation and discussion complainant failed to establish deficiency of service on the part of OP, therefore, present complaint is dismissed. No order as to cost. File be consigned to record room.

19. Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving an application from the parties in the registry. The orders be uploaded on www.confonet.nic.in.

Announced in open Commission on  16.02.2024.

    SANJAY KUMAR                 NIPUR CHANDNA                       RAJESH

       PRESIDENT                             MEMBER                                MEMBER