RAM SANEHI SINGH vs BIHAR STATE ELECTRICITY BOARD

COMPLAINANT is the appellant who has preferred the appeal against the order dated 8.9.2003 passed in Complaint Case No. 28/2002 by the District Forum, Nalanda whereby and whereunder the complaint petition has been dismissed on the ground of limitation.

THE brief facts of the case is that complainant-appellant is a bona fide consumer of Bihar State Electricity Board for running the petrol pump namely Pawapuri Fuel Station. On 18.8.1994 the complainant filed a petition before the Electricity Board and informed that electric meter has been closed and it has become non-functional. THE complainant has stopped consuming electricity since then. THE complainant made request to the Electricity Board to get the meter repair and resume the electric supply so that he can run the petrol pump efficiently. It was also alleged that due to defective meter and non-supply of the electricity the petrol pump of the complainant was closed and he had to suffer heavy loss and also mental torture. THE complainant made several request with the Electricity Board to get his grievance redressed but to no effect. He ran from pillar to post and personally approached all the officials but nothing was done in this regard. It is the case of the complainant that Electricity Board-respondent sent a notice to the appellant vide Letter No. 1625 dated 12.10.2001 stating therein that the load of the complainant''s premises has been inspected by a team of the officers of the Board on 9.5.2001 and it was found that total connected electric load of the complainant''s premises was 5 kw. In place of sanctioned load of 1 kw. The notice further mentions that complainant is directed to pay a bill of Rs. 1,04,984.26 within seven days of the receipt of the notice failing which legal action shall be taken (vide Annexure 2). It is also the case of the complainant that on 18.8.1994 he has sent a letter to the Electricity Board stating therein that Board is sending fake electric bills to the appellant though he is not consuming any electric energy (vide Annexure 1) but the Board remained silent on this letter of the complainant. The Electricity Board has disconnected his electric line in the month of October, 1996 without giving any notice and it is closed till date. Thus the complainant neither getting electric energy since long nor his grievance to repair the meter and restore the electric connection has been considered by the Board.

The complainant also informed the respondent-Board that petrol pump had totally closed due to family dispute since July, 2000 and also enclosed the certificate issued by the Indian Oil Corporation in this regard (vide Annexure-3). The contention of the complainant was that all the electric bills since 21.1.1994 till 27.10.2001 are false and fabricated because the complainant was not using electricity at all during these period. The complainant has run his petrol pump before July, 1997 on diesel generator. It is also the case of the complainant that the cause of action in this case arose when he received the Letter No. 1625 dated 12.10.2001 from the Electricity Board with a demand of Rs. 1,04,984.26. The complaint was filed before the District Forum, Nalanda on 2.8.2002 within two years from the date of cause of action. This fact was not considered by the District Forum and wrongly held that cause of action arose since 1994 and accordingly the complaint is barred by limitation.

WHILE making submission before us the learned lawyer of the appellant drew our attention towards Annexure 1 which is a letter dated 18.8.1994 addressed to the Executive Engineer, Electricity Board, Biharsharif, Nalanda in which an information was given that electric meter of the complainant has become out of order and made request to get the meter repaired at the earliest. This letter was received in the office of the Executive Engineer on 18.8.1994 as per endorsement made on Annexure 1. The learned Lawyer also placed before us Annexure 2 which is the notice of the Electricity Board respondent dated 12.10.2001 to the complainant which mentions that since the complainant was using load of 5 kw instead of 1 kw, therefore, a supplementary bill of Rs. 1,04,984.26 is charged and was directed to pay the amount within seven days failing which the electric line shall be disconnected. The appellant''s lawyer placed before us Annexure 3 which is the copy of the letter issued by the Indian Oil Corporation Ltd., Patna Divisional Office dated 4.9.2003 which mentions that complainant''s petrol pump was kept suspended by IOCL to the retail outlet at Nalanda during 1997 to July, 2000.

ON the basis of the above material it was submitted that from the letter of the Indian Oil Corporation (Annexure 3) it is evident that complainant''s petrol pump was closed and it was non-functional since 1997 to July, 2000, therefore, the question of consuming electric energy during this period does not arise. The Electricity Board has alleged that Board has disconnected the electric connection since the month of October, 1996 and it has not been restored till date. The complainant has also made it clear that due to family dispute the petrol pump was closed since 1997 to July, 2000, therefore, the petrol pump was non-functioning during this period as supported by the letter of the IOC. In the light of the above fact it was submitted that bill sent by the Electricity Board are fake, excessive and arbitrary. The complainant was not using electric energy during these period. For most of the period pump was closed and for the rest of the period the petrol the diesel generator set was used for running the petrol pump. The Electricity Board was requested since 1994 to get the meter rectified and resume the electric connection but till date no action has been taken on behalf of the respondent which caused immense loss in business to the complainant besides mental agony and torture. The respondent-Electricity Board appeared and contested the claim of the complainant before us and also filed written argument. Its main contention is that the allegation of the complainant-appellant is false and baseless. The appellant has dues of Rs. 27,315/- on August, 1996 which rose to Rs. 28,736/- on September, 1996. The meter No. 4/96 of the appellant was out of order since many years but neither changed nor presented for checking in prescribed manner nor deposited the arrears amount. On the verbal request of the appellant a team of officers went to inspect the premises on 19.5.2001 and it was found that appellant was using electric energy in illegal manner unauthorizedly. The details of which is clear from Annexure 2. This fact has been asserted on affidavit by the officials of the Board before the District Forum. The petrol pump of the complainant was not closed since 1997. The complainant was in habit of not paying the electric dues which rose to Rs. 1,53,115.60. By filing the complaint case the complainant is not interested to pay the amount due to the Electricity Board and lingered the matter before the Court. The District Forum has rightly dismissed the complaint on the ground of limitation because the cause of action as per complaint petition arose since 1994 and not from the date of receipt of notice by the Electricity Board.

WE have considered the submissions made on behalf of both the parties. Perused the annexures filed on behalf of the appellant and the written argument on behalf of the respondent. WE have also scrutinized the impugned order of the District Forum. The District Forum has not considered any other submissions of the parties and dismissed the complaint on the ground of limitation only.

WE are of the view that the cause of action arose in the case after receipt of the notice dated 12.10.2001 issued by the office of the Electrical Executive Engineer, Electricity Board, Biharsharif, Nalanda to the complainant. Therefore, this notice a demand of Rs. 1,04,984.26 was made on the ground that complainant was using 5 kw load in his premises instead of sanctioned load of 1 kw and he was directed to pay the above amount within seven days failing which the electric line shall be disconnected. The contention of the complainant is that the meter of the premises has become out of order since 1994 for which a written complaint was lodged vide Annexure 1 and several request were made to rectify the same but to no effect but this is not the cause of action on which the complaint has been filed. On the other hand, the complaint was filed after receipt of the above notice (Annexure 2) which made a demand of the above sum with a threat to disconnect the line within seven days. The contention of the complainant is that this notice was arbitrary. The Electricity Board has not furnished any paper to show that his premises was inspected by the officials of the Board on 19.5.2000. On the other hand they admitted that on the oral request this inspection was made by the Board. No document has been produced that in whose presence the premises was inspected nor any copy of the inspection report was submitted to the complainant on the spot to show that on this date complainant was using 5 kw of load instead of 1 kw load as alleged. If actually any inspection was made by the Board and the premises was found using 5 kw load a detailed report of the inspection should have been furnished to the complainant and an explanation should have been asked from him but contrary to it all of a sudden Annexure 2 was sent to the complainant with a demand of the above amount with a threat to disconnect the electric line. It is the case of the complainant that he was not using electric line during these period and also petrol pump was closed as is clear from the letter of the IOCL (Annexure 3). If the petrol pump was closed there was no question of using electric energy much the less of 5 kw. Therefore, in view of Annexure-3 the notice of the Board (Annexure 2) prima facie appears to be false and fabricated only to create an evidence in this case. In the fact and circumstances and after considering the material on record we are of the view that complaint case is not time-barred for the reasons stated above. The impugned order to this effect is fit to be set aside. The complainant''s contention is that his meter is defective and he is not getting electric consumption and he is running the petrol pump on the diesel generating set. This must have caused serious financial loss to the complainant besides mental agony. This amounts to deficiency on the part of the Electricity Board. We, therefore, direct the respondent-Electricity Board to rectify the meter of the complainant and restore the electric line and thereafter submit the electric bills which shall be paid by the complainant within three months. We also direct the Electricity Board to pay a compensation of Rs. 10,000/- to the complainant for mental agony and loss in the business though the complainant has claimed Rs. three lakhs on this account which in our view appears to be in higher side. The Electricity Board shall comply the above direction within three months from the date of this order.

In the result, the appeal is allowed and the impugned order is set aside. No order as to cost. Appeal allowed.