BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Pradeep Jain age about 52 years s/o Sh. D.P Jain resident of INCO, Model Town, Ambala City.

……. Complainant

                                                Versus

U.H.B.V.N. Ltd. through S.D.O. (Operation) Sub Division A-31 Model Town, Ambala City Division Distt. Ambala.

….…. Opposite Party.

Before:        Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

Present:-     Shri Rajesh Sharma, Advocate, counsel for the complainant.                                                                                                                            Shri Yashwinder Singh, Advocate, counsel for the OP.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To withdraw the demand of Rs.1,68,986/-, raised vide electricity bills for the period from 12.10.2018 to 17.12.2021 and not to disconnect the electricity connection on account of above said charge.
2. To pay a sum of Rs.50,000/- as damages on account of mental agony, harassment, deficient services and unfair trade practice.
3. To pay Rs.25,000/- as litigation expenses.
4. Grant any other directions which this Hon’ble Commission may deems fit.

2.             Brief facts of the case are that the complainant is having a domestic electric connection issued by the OP, bearing account no. 5415764815 Old Account no. 2112301UAIQP 2203 which is installed in the residential premises i.e. 3 small quarters being used by employee of the complainant. He is paying the electricity charges for the electricity consumed to the OP regularly. The complainant received the electricity bill for the period from 12-10-2018 to 17-12-2021 (Annexure C-1) for 1162 days showing Rs.1,68,986/- as arrear therein, which is not correct as per actual consumption. When the complainant visited the office of the OP and apprised it regarding the said bill, the OP did not bother and directed the complainant to deposit the bill along with arrears failing which connection will be disconnected. The said act of the officials of OP is wrong and not in accordance with the rules and regulations provided under the electricity rules. The complainant is not liable to pay alleged extracted bills thereon following grounds:-
   1. The alleged charged is barred by law of limitation which is beyond of limitation prescribed for recovery of any amount due from the consumer by the department under section 56 of Electricity Act;
   2. That the above said charge/arrear of Rs.1,68,986/- is also otherwise factually wrong;

The complainant requested the OP to rectify the above said mistake in the bill but to no avail.Hence, the present complaint.

3.           Upon notice, the OP appeared and filed written version and raised preliminary objections to the effect that the complainant has no cause of action against the OP; this Commission has no jurisdiction to entertain and try the present complaint; the complainant is using the premises for commercial purpose hence has no right to file the present complaint.; the complainant has not approached this Commission with clean hands and has concealed the true and material facts etc. On merits, it has been stated that the complainant has been issued the electricity bill of Rs.168986/- as per actual consumption of the electricity by him for the period from 12/10/18 to 17/12/21 but he defaulted in paying the same, intentionally. Rest of the averments of the complainant were denied by the OP and prayed for dismissal of the present complaint with heavy and exemplary costs.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW-1/A, alongwith document as Annexure C-1 and closed the evidence on behalf of complainant. Learned counsel for the OPs tendered affidavit of Dimpal Kumar, Commercial Assistant Sub Division Model Town, Ambala City, District Ambala as Annexure OP-W1/A alongwith documents Annexure OP-1 to OP-23 and closed the evidence on behalf of the OP
5.           We have heard the learned counsel for the complainant and learned counsel for the OP and have also carefully gone through the case file.
6.           Learned counsel for the complainants submitted that by raising demand of amount of Rs.168986/-, vide bill Annexure C-1, against the actual consumption of the electricity by him for the period from 12/10/18 to 17/12/21 which was never due in respect of the meter in question, as the complainant was paying his bills regularly, the OP is deficient in providing service and as such the complainants are not liable to pay the same to the OP.
7.           On the other hand, learned counsel for the OP while reiterating his objections taken in the written version, submitted that complainant has been issued the electricity bill of Rs.1,68,986/- as per actual consumption of the electricity by him for the  period from 12/10/18 to 17/12/21 but he defaulted in paying the same, intentionally.
8.           The moot question which falls for consideration is, as to whether, the complainant is  liable to make payment of Rs.168986/-  as demanded by the OPs vide bill dated 27.12.2021, Annexure C-1, for the period from 12/10/18 to 17/12/21  or not. It may be stated here that not even a single document/evidence has been placed on record by the OP to prove that the complainant was under arrears of Rs.168986/- for the period starting from 12/10/18 to 17/12/21.  It is significant to mention here that the OP was under obligation to prove its case to the effect that the complainant was under arrears of Rs.168986/-, when the said fact has specifically been denied by the complainant but the OP miserably failed to do so. On the other hand, the case of the complainant is on the strong footing, when we peruse  all the bills for the period from 12.10.2018 to 19.12.2021, Annexure OP-1 to OP-22 as under:-

9.           A bare perusal of the aforesaid bills clearly goes to show that by 19.12.2021, the previous arrear towards the complainant was 0.44.  It is significant to mention here that in the aforesaid bills even the receipt no. against which the amounts on regular intervals as depicted above, has been mentioned by the OP. Thus, as stated above, the OP has failed to convince this Commission as to how, when its own bills are showing the previous arrears as nil (0.04) then how the amount of Rs.168986/- is pending towards the complainant in respect of the meter in question. Even otherwise, Section 56 of the Electricity Act, 2003, which reads as under:-

                   (1) Sub-section (1) of Section 56 provides that where any person “neglects” to pay “any charge” for electricity, or “any           sum” other than a charge for electricity due from Page 12 12 him to a licensee or generating company, the licensee after               giving 15 days' written notice, may disconnect the supply of electricity, until ...

(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.

Clearly says that no amount due from a customer is recoverable after a period of two years from the date on which it became first due. This section further also says that where  any  person   neglects   to   pay   any   charge for electricity  or  any  sum  other  than  a  charge  for  electricity due from him, a notice of not less than 15 days in writing is mandatory to be given to the consumer. However, OPs failed to answer as to why such a notice under section 56 (1) was not given to the complainant in the matter, well in advance, if the alleged amount was pending since 2018 onwards. Under these circumstances, bill dated 27.12.2021, Annexure C-1 for the period from 12/10/18 to 17/12/21 stands quashed.  

10.           It is significant to add here that this Commission vide order dated 31.01.2022 has already directed the OP, not to disconnect electricity connection of the premises of the complainant till the disposal of this complaint, on receipt of 25% of the amount of Rs.1,68,986/- from the complainant. However, if the said amount has been paid by the complainant, the OPs shall adjust the said amount in the future bills raised for actual consumption of electricity by the complainant.   
11.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:-

1. To withdraw the demand of Rs.1,68,986/- raised vide bill dated 27.12.2021, for the period from 12/10/18 to 17/12/21 as the same stood quashed by this Commission, forthwith.
2. To adjust the amount to the extent of 25% of the amount of Rs.1,68,986/-, if received from the complainant in lieu of order dated 31.01.2022, in future bills raised for actual consumption of electricity by the complainant. 
3. To pay Rs.3,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
4. To pay Rs.2,000/- as litigation expenses.

The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 Announced:- 10.11.2023