Deputy Executive Engineer Maharashtra State Electricity Distribution Co.Ltd., District Satara and Another Vs. Shri Dilawar Ismailsaheb Mulla, Satara - Court Judgment

Per Smt. S.P .Lale, Honble Member

1. This appeal filed by original O.Ps/Maharashtra State Electricity Distribution Co. Ltd. is directed against the order dated 30/6/2008 passed by District Consumer Forum, Satara in consumer complaint no.36/2008, whereby Forum below directed O.Ps to furnish fresh bill to the complainant on average basis for the past two years only from the month in which meter was reported burnt i.e. January 2008. Forum below further directed O.Ps to make available the meter in such a manner that it can take the meter reading and O.Ps shall also furnish electricity bill to the appellant from time to time and also awarded Rs.1000/- towards cost and mental agony. Being aggrieved by the said order, O.Ps have filed the present appeal. Facts giving rise to this appeal are as under:-

2. Complainant is an owner of the land situated at Kodoli. Complainant is having the electric connection of 10 H.P. to irrigate the said land. According to complainant, he had paid the bill of the O.P. upto 2003 for the said electric connection. It is alleged by the complainant that the O.Ps have failed to furnish any bill to the complainant from 2003-2007 i.e. for nearly 4 years. Complainant further stated that the employees of the O.P. have checked the meter for the first time in the year 2003 and thereafter noted that the meter was faulty. The said electricity meter burnt on 27/1/2008 and stopped functioning completely. Complainant approached the O.P. for installing the new meter. However O.P. illegally demanded Rs.43,000/- from the complainant. Therefore complainant filed consumer complaint before the Forum below for deficiency in service.

3. O.P. filed its written statement and contested the claim of the complainant. It denied all the allegations of the complainant and it pleaded that as per the procedure, O.P. was asked to deposit Rs.3100/- and further demanded Rs.43,000/- for the arrears from 2001-2008 and finally prayed for dismissal of complaint.

4. After hearing both the sides and perusing the papers, Forum below allowed the complaint and passed impugned order.

5. Heard Mr.S.S.Jinsiwale -Advocate for the appellant. Mr.Z.D.Mulla -Advocate @ Mr.A.J.Chougule-Advocate for the respondent.

6. We perused the copy of impugned order, memo of appeal and the documents placed before us and we are finding that the order passed by the Forum below is just, proper and sustainable in law. Respondent paid the bill upto March 2003. Appellant failed to furnish any bills to the respondent from 2003-2007. On 9/4/2007 appellant furnished the bill of Rs.10,684/- to the respondent. On 27/1/2008 meter of the respondent was found burnt. Therefore, respondent approached appellant for installing new meter. However, appellant demanded Rs.43,000/- being the arrears from 2001-2008 nearly about six years and 4 months. It is illegal and arbitrary as per section 56(2) of Amended Electricity Act 2003. Appellant cannot demand arrears of electricity bill for more than two years. Section 56(2) is reproduced as under:-

“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 supply and the licensee shall not cut of the supply of electricity.”

7. First time in the year 2008, when the meter was burnt, without raising any earlier bill, respondent demanded Rs.43,000/- for the first time towards energy consumption charges for 82027 units, which is not correct and permissible. Under the circumstances, we find that this appeal is devoid of any substance. There is no need to interfere with the impugned order. In the result, we pass following order:-

Order:

1. Appeal stands dismissed.

2. Misc. application for stay stands disposed of.

3. No order as to costs.

4. Copies of the order be furnished to the parties.