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A. P. SAHI, BHARATKUMAR PANDYA
Asst. Executive Engineer, KSEB – Appellant
Versus
P. Akbar Ali – Respondent
ORDER
A.P. Sahi, President.—This revision petition essentially raises a dispute about realization of electricity dues which the complainant alleges to be not maintainable, as the period for which the realization is sought, the complainant had not availed of any services of electricity supply nor was it rendered to or consumed by the complainant and therefore the stand of the electricity department was erroneous. The complaint CC/46/2008 was accordingly allowed by the District Consumer Disputes Redressal Commission, Mallapuram, Kerala. The Assistant Executive-Engineer filed an appeal no. 701 of 2009 against the order of the District Commission that has been dismissed, as a result whereof, the present revision has been filed by the appellant. The revision petition had been entertained and on 23.07.2012 it was adjourned with the passing of the following order:—
“In view of the nature of the dispute and direction dated 12.12.2011 of the Supreme Court in the case of U.P. Power Corporation Ltd. and Ors. v. Anis Ahmed, consideration of this petition is adjourned sine die with liberty to the parties to raise the matter if there is any further development in between.”
2. Since long the Ap
The court clarified the distinction between 'actual' and 'deemed consumption' under electricity supply agreements.
National Commission does not act as Appellate Forum and cannot reappreciate evidence unless there is some jurisdictional error.
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.
(1) Recovery of dues – Limitation period of two (2) years prescribed for recovery of dues under Section 56 of Electricity Act, 2003 would apply to liabilities arising under 2003 Act, and not prior to....
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