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RAJ SHEKHAR ATTRI, PADMA PANDEY, RAJESH K. ARYA
Executive Engineer (Nodal Officer) – Appellant
Versus
Sanjay Popli – Respondent
ORDER
Padma Pandey, Member—This appeal is directed against the order dated 15.02.2022 rendered by the District Consumer Disputes Redressal Commission-II, U.T. Chandigarh (for brevity hereinafter to be referred as the Ld. Lower Commission), vide which, it allowed the Consumer Complaint bearing no. CC/1064/2019, in the following manner:—
“8. Taking into consideration the above discussion & findings, the present complaint of the Complainants is allowed against the Opposite Party. Accordingly, the demand raised by the OP for electricity arrear to the tune of Rs.1,23,124/- vide Bill Ann.C-2, dated 24.7.2019, stands quashed. The Opposite Party is also directed to pay a lumpsum amount of Rs.15000/- to the complainant towards compensation for causing him immense mental agony & harassment as well as litigation expenses.
The above said order shall be complied with by the Opposite Party within a period of 30 days from the date of receipt of its copy, failing which they shall be liable to pay additional cost of Rs.5000/- apart from the above awarded amount.”
2. Before the Ld. Lower Commission, it was the case of the Respondent/Complainant that he was allotted H.No.520, Sector 11, Chandigarh
Setting aside the Bill – As per Section 56(2) of Electricity Act, 2003 the view taken by the District Commission in setting aside the bill is perfectly correct.
An allottee cannot be compelled to clear dues of previous allottee.
The limitation period for recovering electricity dues under Section 56(2) of the Electricity Act, 2003 is two years; claims beyond this period cannot be enforced.
The court affirmed that continuous showing of arrears in monthly bills permits recovery beyond the two-year limitation under Section 56 of the Electricity Act.
The court established that an electricity company can issue revised bills for bona fide mistakes in billing, reinforcing the consumer's obligation to pay based on accurate meter readings.
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