Consumer Forum
Saurabh Pathak
(Querist) 25 January 2016
This query is : Resolved
An electricity connection was taken falsely in the name of my client while he never applied for same.The eletric. dept. has sent a recovery notice asking him to make payment.Please enlight whether the case can be presented before the consumer Forum or I should present it before civil court. My case is that my client never applied for any connection and thus technically, he is not a 'consumer'.Notice to opposite parties has already been served.
Kumar Doab
(Expert) 25 January 2016
You have already posted that:
'My case is that my client never applied for any connection and thus technically, he is not a 'consumer'................and that is the reply to recovery notice, of course under proper acknowledgment.
If you deem it fit then obtain certified copy of application for connection, recovery notice, your reply under RTI.
P. Venu
(Expert) 26 January 2016
The query lacks clarity. May be your client never applied, but who made use of the connection. If he had indeed consumed the power from the supply, he is liable. And he is very well the consumer.
Rajendra K Goyal
(Expert) 26 January 2016
While agree with the expert Kumar Doab, please inform:
Where the connection was used?
Whether the premises had any connection with your client?
Who has applied and got connection, whether your client has knowledge of it / has relation with the person?
Advocate Bhartesh goyal
(Expert) 26 January 2016
User of unauthorized/illegal electricity connection is not a consumer in eye of law nor civil court would grant stay on said recovery rather he is liable to pay the demand of electricity bill.
Kumar Doab
(Expert) 26 January 2016
The author needs to post reply/details/explanation to the points raised by the experts.
Hemant Agarwal
(Expert) 26 January 2016
CONSIDER THIS:
1) The Electric Meter was installed in the premises owned by "xyz" (client), in say year 2012
2) The electricity supply thru the electric meter was used by the premises owner (or tenant)
3) The premises owner, had paid atleast one (or more) electricity bill, since 2012. THIS "itself" will prove that the premises owner was "not blind" of the electricity connection to his premises.
4) In year 2015, the premises owner defaults and has not paid electricity bill and gets Notice by the electricity supplier company.
5) The premises owner is guilt, to the above reasons and further also can be prosecuted for taking electric meter in false name / signature or whatever.
Keep Smiling .... Hemant Agarwal
Read Articles: http://hemantagarwal21.blogspot.in/?view=sidebar
Saurabh Pathak
(Querist) 27 January 2016
Thanks for your kind guidance, Members! Please note-
My client has abandoned the village almost 10 yrs. ago and is residing at Delhi since then. His name was in village BPL ration list.
2. The connection was installed only on papers.No meter. No electricity lines etc.
3. Actually there was a free electricity connection scheme for BPL card holder in UP. Target for maximum connection were given to concerned village secretaries. To achieve the target they filled the application forms themselves. The same happened with many BPL holders.
3. He is a daily wages labour and have 0.33 acre agricultural land.
Please help.
Saurabh Pathak
(Querist) 27 January 2016
Kumar doab JI! Sir, I'll file the RTI as per your direction.
Kunal Shah
(Expert) 28 January 2016
My advice would be to file a writ petition bringing to the notice of the court that your client has abandoned, annex rent receipts or other things to prove it.
Get a report from the Junior Engineer that there is no meter actually at the concerned place.
And pray for a writ of certiorari for quashing the recovery demand and also pray for compensation.
This would help
Saurabh Pathak
(Querist) 01 February 2016
Thanks Mr. Kunal. I'll do the same.
Saurabh Pathak
(Querist) 01 February 2016
Thanks Mr. Kunal. I'll do the same.
K.S.Srinivas
(Expert) 04 February 2016
File a W.P. for quashing the demand notice.
