R.S. Sharma, J. - (1.) THIS appeal is directed against the order dated 21.5.2012, passed by the District Consumer Disputes Redressal Forum, Raipur (C.G.) (henceforth 'District Forum') in Complaint Case No. 415/2010, whereby the complaint filed by the appellant/complainant, has been dismissed. Briefly stated the facts of the complaint of the appellant/complainant before the District Forum are: that the appellant/complainant is owner of Stone Crusher and he obtained Low Tension Electric Connection with Service No. 470002/1000467748 from the respondents. On 1.9.2010 respondent No. 3 sent a letter No. 1055/2008 -09 dated 6.8.2010 along with four additional bills amounting to Rs. 480, Rs. 12,894, Rs. 11,042 and Rs. 5,799 respectively to the appellant/complainant. The appellant/complainant on 3.9.2010 sent a letter of objection to the respondent No. 3 and demanded calculation sheet and audit report and basis of the issuance of above bills. Respondent No. 3 sent letter dated 8.9.2010 to the appellant/complainant along with copy of audit report, but the audit report did not disclose any substantial reason for issuance of above bills and respondents/OPs did not supply any calculation sheet to the appellant/complainant. The appellant/complainant filed consumer complaint before the District Forum.
(2.) THE respondents/OPs filed their written statement before the District Forum and denied the allegations leveled by the appellant/complainant and averred that the appellant/complainant made party to respondent Nos. 2 and 3 by their designation, therefore, the complaint is liable to be dismissed. They further averred that the bills were sent to the appellant/complainant as per rules. The appellant/complainant was using electricity from August, 2009 to January, 2010 for 42.522 whereas the sanctioned load was 37.3 k.w. and he consumed total 29870 units. On that basis the bills were prepared and sent to the appellant/complainant. The bill of Rs. 11,042 was issued for the period from August, 2009 to January, 2010, the second bill of Rs. 5,799 was issued for the period from April, 2008 to October, 2008, the third bill of Rs. 12,894 was issued for the period from November, 2007 to April, 2008 and fourth bill of Rs. 480 was issued for the period from December, 2007 to November, 2009. The respondents issued aforesaid bills according to the electricity consumed by the appellant/complainant and respondents did not commit any deficiency in service. Thus, the complaint of the appellant/complainant is liable to be dismissed. Learned District Forum, after appreciation of material available before it, dismissed the complaint by the impugned order.
(3.) MR . Pradeep Mishra, learned Counsel for the appellant/complainant argued that the order dated 21.5.2012, passed by the District Forum, is illegal and is liable to be dismissed. He further argued that the bills issued by the respondents are in addition to the regular bills and due to fault of respondents, the bills in questions, were issued by the respondents to the appellant/complainant and most of the bills are time barred and according to the Clause 10.19 of Chhattisgarh Electricity Supply Code, 2005, the arrears are only recoverable within two years when the bill was due for the first time. Therefore, the bills issued by the respondents are time barred, hence the respondents are not entitled to recover the amount of said bills and learned District Forum did not appreciate the above facts and has wrongly dismissed the complaint of the appellant/complainant.;