KAMLESH CHADHA vs BSES Yamuna Power Limited

PURSUANT to the Voluntary Declared Load Scheme/Load Enhancement Scheme floated by the O.P. in December, 1995 the complainant applied for enhancement of load from 5 KW to 43 HP by way of depositing requisite fee of Rs. 46,600. Till 2002 she has been receiving electricity bills on the basis of 5 kw load as during this period no steps for enhancement of load were allegedly taken by the O.P. Complainant was told that after installation of CT meter and new cable, the billing will be done on enhanced load and consequently the complainant did not instal new machinery as neither the load was enhanced nor CT meter was changed nor new cable was changed. When the factories were removed from the non-confirming areas, the complainant approached the O.P. for issuing No Dues Certificate in September, 2002. At that time she was handed over a bill of Rs. 1,95,771.28p. as dues raised on the basis of enhanced load out of which 1.75 lacs were arrears.

IN justification of the raising of aforesaid bill the O.P. has produced document showing that the load was enhanced in the year 1995 itself i.e., after a week or so of the application of the complainant for enhancement. However, the document produced by the O.P. shows that the original electricity connection was domestic connection which was subsequently changed to industrial connection and on 28.12.1995 the load was changed to 43 HP. It is not understandable as to why did the respondent not raise the electricity bills on the enhanced load of 43 HP if the load was enhanced in the year 1995 and why for the first time in the year 2002, i.e., after seven long years the complainant was told when she approached the O.P. for issuing No Dues Certificate that there were arrears of 1.75 lacs. It appears that these arrears were shown after seven long years on the premise that the actual load being used by the complainant was 43 HP when she applied for enhancement.

Even if we proceed under the existing provisions of the law the dues, if any, were not recoverable after 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. Sub-section (2) of Section 56 of the Electricity Act, 2003 relates to disconnection of supply in default of payment and also dispute as to the bill amount and provides as under : "56(2) Notwithstanding anything contained in any other law for the time being in force, no sum due form 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 arrears of charges for electricity supplied and the licensee shall not cut off the supply of the electricity."

TAKING over all view of the facts of the case particularly the inaction on the part of the O.P. in not raising the bill for seven long years which raised presumption and inference that load was not enhanced till the date this bill was raised for the first time, we allow the complaint to the extent that arrears of the bill shown in bill dated September 2002 are illegal and not recoverable and, therefore, are set aside. We award Rs. 5,000 as cost of litigation. Complaint is disposed of in aforesaid terms. Payment shall be made within one month.

A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and thereafter the file be consigned to Record Room. Complaint disposed of.