JAIPUR VIDYUT VITRAN NIGAM LTD. Vs. KAMLA DEVI

JUDGEMENT

(1.) In the year 2004, the respondent being consumer of the petitioner was provided with a domestic electricity connection No. 1742/0059 and meter Number 8902914. The respondent continued to pay the electricity bills raised by the petitioner on regular basis. In Nov., 2010, an inspection was carried out by the Assistant Engineer (Vigilance) of the petitioner and on checking it was found that domestic connection was being used by the complainant for commercial purpose for running Shringi Kiryana Stores and Shringi Restaurant from the premises of the respondent complainant. It appears that after the vigilance inspection, no action for claiming electricity bill on commercial rates was taken. However, in view of audit objection, the petitioner issued electricity bill of Rs. 57,276 to the complainant which included a sum of Rs. 48,944.11 as earlier arrears for the period w.e.f. Nov. 2011 to March 2012. The complainant on receipt of bill approached the petitioner and protested against the arrears claimed vide bill of July 2015 on the ground that he had been regularly paying his dues and there were no arrears. The petitioner, however, insisted on payment of the bill by the complainant failing which threatened to disconnect the electricity connection. Being aggrieved, the respondent complainant filed consumer complaint in District Forum, Bundi.

(2.) The opposite party on being served with the notice of the complaint filed written statement admitting that in the month of July, a bill of Rs. 57,276 was raised which included the previous arrears for the period Nov. 2011 to March 2012 to the tune of Rs. 48,944.11. According to the opposite party, the aforesaid arrears were claimed because in a vigilance inspection carried out in year 2010, the complainant was found using the domestic connection for commercial purpose i.e. by supplying electricity to Kiryana Store and restaurant running from the premises of the complainant.

(3.) The District Forum on analysis of evidence came to the conclusion that arrears shown in the electricity bill pertain to the period Nov. 2011 to March 2012, for which no bill was raised before July 2015. District Forum, thus, in view of Sec. 56(2) of the Electricity Act, 2003 took the view that payment for arrears having not been raised for two years after the amount became due, was barred and allowed the complaint. Being aggrieved of the order of the District Forum, the petitioner approached the State Commission Rajasthan in appeal.