1. The version of the complainant is that he was allotted Government accommodation House No. 11- BF dated 18-09-2003 but the electricity meter was already disconnected since 15-10-2001; that on 14-01-2004, he submitted an application to respondent for installation of electricity meter, on scrutiny, there was found some arrears of Rs. 5551/- of previous allottee of said house; that it was also requested in this application that arrears of Rs.5551/- are payable by the previous allottee because he has not consumed this electricity; that the said application was accepted by respondent's office, hence, petitioner paid R.C.O fee Rs. 1950/- and also security of Rs.400/- on 14 04-2004; that in the month of December, 2010, respondent charged arrears of Rs. 5551/- in his account malafidely; that he contacted the respondent several times but he did not respond properly; that thereon, he served legal notice to the respondent on 01-01-2011; that cause of action arose against the respondent from the date of refusal to exclude the impugned amount of Rs.5551/- from the electricity bill; that he has claimed Rs. 50,000/- as damages and Rs.50,000/- as mental torture; that he has prayed to exclude the amount of Rs.5551/- from electricity bill.
2. The version of the respondent is that the complainant is liable to pay disputed amount of Rs.
3. 5551/-; that the complainant himself accepted the said disputed amount; that due to the said reason, if the complainant refused to pay the disputed amount, the respondent is duty bound to disconnect the connection; that the complainant has not faced financial loss and mental torture; that the disputed amount has been deferred temporarily; that the complainant is bound to pay the current bill; that the petition, therefore, be dismissed.
4. After hearing the argument and perusal of the record, I have observed that the complainant has placed on record documents Mark-A to Mark-I to make out he was allotted House No.BF/10-11 on 18-09-2003 and electricity meter was disconnected since 15-10-2003. He moved an application on 14-01-2004 for installation of electricity meter. The said petition was expected by the respondent and the complainant paid RCO fees Rs. 1950 and security of Rs.400/- on 14-04-2004, copy of which has been placed on record as Mark-E. The connection was reconnected but later on, the respondent has issued disputed bill Mark-C including the arrears of Rs.5551/- which has not been corrected by the respondent on request of the complainant. He issued legal notice to him Mark-H vide receipt Mark-I but even then, the respondent has not corrected his bill. It is well settled point that the arrears which are due of the consumption made by the previous allottee of a house, cannot be recovered from the successor. The successor is only to pay the dues of consumption of electricity by him. The arrears are to be recovered from the previous allottee. Therefore, the bill issued by the respondent for recovery of Rs.5551/- that of arrears is illegal which is hereby declared null and void. Respondent is directed to issue bill to the complainant according to the consumption of electricity by the complainant. The arrears be got recovered from the previous allottee. The petition in hand is allowed in favour of the complainant and against the respondent. Notice be issued for execution on 16-01-2012.