Can an electricity consumer be denied for disconnect notice


I am a consumer of APEPDCL. My connection was disconnected as I was defaulted for 1 1/2 year. After waiting for 1 1/2 year, APEPDCL cut off my power connection w/o prior notice. There was a ruling position in which I was entitled for  7 day prior notice.

 

Am I correct to claim to be served a 7 day prior notice as per consumer rights point 5(1)(c)?



Attached File : 526557618 apepdcl consumer rights.pdf downloaded 46 times
 
Reply   
 
Advocate.

If you did not have the money for the payment of the consumed electricity to APEPDCL, then why you are asking for notice?????

 
Reply   
 


Advocate.

It is often stated that one who comes into equity must come with clean hands (or alternatively, equity will not permit a party to profit by his own wrong). In other words, if you ask for help about the actions of someone else but have acted wrongly, then you do not have clean hands and you may not receive the help you seek.

However, the requirement of clean hands does not mean that a "bad person" cannot obtain the aid of equity. "Equity does not demand that its suitors shall have led blameless lives." Loughran v. Loughran, 292 U.S. 216, 229 (1934), (Brandeis, J.). The defense of unclean hands only applies if there is a nexus between the applicant's wrongful act and the rights he wishes to enforce.

This theory is called "Clean Hand Doctrine". Under the clean hands doctrine, a person who has acted wrongly, either morally or legally - that is, who has 'unclean hands' - will not be helped by a court when complaining about the actions of someone else.

This theory applies to your case. You have not paid the electricity dues, and when the electricity company cut off the power connection albeit lately, you are raising the notice clause for enforcing the right which you himself have not care to follow.

Hope this advice enlighten you.

 
Reply   
 

Yes, my question will definitely make you say that, actuall I am figthing with that department  since June 2012 where as the power supply was cutoff on 18/12/2013 in my absence, I have reason for not paying the bills as I was entitled to be ensured that the MRT was complete and as no corrections for the meter. I applied for MRT in June 2012 but they did not complete it and cutoff my power supply in my absence. The question I raised might have sent you some false signals, I am responsible citizen of India and I know my rights. Here You did not choose to answer my question instead you are preying on me. Mr. Ray, this is a forum who helps everybody who needs it.

Here your suggestions will not me or anyone. Dont let my hope go down here. Its a request.

According to Code of procedure for payment of bills section 10 of APERC, it is mentioned that any consumer who neglects to pay any charges for energy is entitled to get a 7 day prior notice for disconnection. 

Ray ji, ur knowledge should enlight others not your criticism. This is not a place to criticise others, mind your place and focus your efforts in helping other. Stop this.

 

 

 

  



Attached File : 769184355 code of practice on payment of bills by consumers and for disconnecting electricity supply for non-payment.pdf downloaded 38 times
 
Reply   
 
Advocate.

Dear Mr. Sadhu,


First to clarify I am not preying on yourself.

You have raised a question. From the question itself it appears that you have not paid the bill and after the department cuts your electricity connection, you are raising the question of notice.


New facts such as you are figthing with that department  since June 2012 where as the power supply was cutoff on 18/12/2013 in your absence, you have reason for not paying the bills as you are entitled to be ensured that the MRT was complete and as no corrections for the meter. You have applied for MRT in June 2012 but they did not complete it and cutoff my power supply in your absence.


All i request you not to give those  statement like i am preying on yourself or i am hurdling criticism towards you. The statement given above is the established fact of law and those facts have been obtained after reading your query and the provision of law applicable as per my opinion.

Nobody....I challenge...nobody can say that the statement above are anything but your criticism.  

You are taking things too personally Mr. Sadhu. I did not meant to say or convey anything that hurts you personally. This is professional advice meant for your knowledge but you have taken the note in a wrong sense.

As far as your statement of account are concerned, i hereby withdraw all the statements given at this platform. You are too naive to discuss the law.....

 
Reply   
 
Teacher

Advocate Dibakar Ray you have presented a theory by which the consumer will not obtain any relief, inspite of asking for such. Though your points deserve merit yet they cannot be said as the last word in law. After all in every suit one lawyer looses and the other wins and in most cases the losing lawyer believes until the last that he knows right. I myself have been a witness to many incorrect statements presented by advocates in this forum which have subsequently been rebutted/dismissed by other advocates elsewhere.

 

Regarding the question originally placed, it seems that the fact of non payment of Bill by a consumer cannot absolve the company from its responsibilities as given in any Acts/Statute regarding such scenarios. The company here is bound to follow such directions as given in law regardless whether the consumer pays or not. Please do not forget that even a rogue tenant has many a provision of the law on his side to carry on his illegal occupation in many cases almost endlessly, and the landlord is bound to follow the proper procedure of the law and cannot just throw him out.

 

Therefore it seems to me that the company has prima facie violated the law and so can be pursued against in a court of law for declaration that disconnection was illegal, immediate reconnection of line, compensation for any sufferrings, costs of the suit etc. Initially a NOTICE should be sent so please take other opinions from your local advocates especially from those who deal in consumer law.  I myself have many a bitter experience from a government owned telephone company and so by no means stand by their side.

 
Reply   
 

You are really a teacher sandeep, thankQ.

I had sent this RAY some personal messages for not erring the issue, but he did not stop. There was a problem from my side too, I did not elaborate the issue as I thought that I want to know about law and its procedures from this promising website.

After posting the issue I got answer from APEPDCL website itself, I happen to see this Code of procedure for payment of bills. It clearly stated that it was mentioned in section 5 (1) (c) in Regulations 7 of APERC code for giving a 7 day prior notice to the consumer before disconnection.

Actually my lawyer did not feel healthy enough to fight on one point "Section 5(1)(c) neglect to pay any charges for energy or otherwise" alone which cornered me of insecurity. When the above point was combined with code of procedure, it was clear.

Now I got clarity that APEPDCL is bound to follow rules and regulations as act as per laid rules, violating it can be challenged in court of law. Thank you sir.  

I approached CGRF and vidyut ombudsman of APEPDCL but did not get any attention. These forums were designed to protect APEPDCL interests only. So I decided to represent at Consumer forum. 

 Thank Q sandeep for your inspiration here, would help better with any other relevant inputs from your experience.

 
Reply   
 
Scientist/Engineer

The Electricity company is required to give 7 days' notice. You seem to state that prima facie there is a case to disconnect your power supply. Your complaint is that you were not given the notice. You do not say anything regarding what you would have done if you had got 7 days' notice.

Now you file a case in a court of law against the power supplier for not for disconnecting, but for not giving you 7 days notice.

What will be the remedy that you  seek?

1. Reconnect the power supply, give you notice, wait for 7 days and then disconnect.

 You will have to tell the court that

2. 1. during 7 days you will do something that will entitle you to claim that your power not be disconnected.

2.2  though you may not be able to get entitled for the power connection, you may do something that will enable you to save yourself the inconvenience of not having power connection.

Your case is weak. Why did you not pay for 1 1/2 years?  There are some people who pay their debts only if they are cornered. Are you one like that? Did you think "why pay? In any case I will be getting notice and then I shall pay. Again I shall stop paying until I get my next notice".

The lapse on the part of the electricity company of not giving you adequate notice is, if at all, a minor one. Every provision in every law has a purpose. The purpose of requirement of notice is to protect genuine consumers who inadvertently fail to pay. One cannot claim remedy just because the law says. You may not have been given notice of disconnection. But did you ever receive demand notice for outstanding arrears at anytime during the 1 1/2 years?

Does the law say anything about the penalty the power supply company has to pay for not giving notice?

 

 
Reply   
 

Thanks Dr. Ramani for your reply.

I was fighting with APEPDCL since June 2012, challenged the meter functionalilty for MRT, but they did not complete the same until 10/01/2014 for the reasons best known to them and also did not give me any bill for continous 6 months.

I posted this message when I was in panic for lack of proper rule position. Anyhow I got it from another forum.

 

ThankQ all who replied to this message.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x