Aligarh Court Takes Action Against Power Department Over Alleged Unlawful Disconnection
In a significant legal development, the court of the chief judicial magistrate (CJM) in Aligarh has issued formal notices to senior officials and engineers of the Uttar Pradesh power department. The court has summoned nine of these officials to appear before it on April 27, 2024. This action follows a detailed complaint filed by a city-based lawyer, Anoop Kaushik, who alleges that his household electricity supply was unlawfully and abruptly cut off before the official payment due date.
Lawyer's Allegations of Power Department Misconduct
Anoop Kaushik, a former general secretary of the Aligarh Bar Association, has brought forth serious claims regarding the conduct of the power department. According to Kaushik, his home's electricity smart meter was disconnected without prior notice when the power department replaced an old postpaid meter with a prepaid one. He described the ordeal as a nightmare for his family, stating, "We couldn't fill the water tank or use the bathroom, and had to depend on our neighbours. My family went through a nightmare for 24 hours."
Kaushik provided specific details to support his complaint. He received an electricity bill of Rs 3,185 for February 2024, with a payment deadline set for March 22 and a disconnection date of March 29. However, he alleges that the power supply was suddenly terminated days before the due date. Despite depositing Rs 5,000 on March 17 and an additional Rs 2,000 the following day, the electricity was not restored until that afternoon, causing significant inconvenience.
Legal and Procedural Steps Taken by the Complainant
In response to the disconnection, Kaushik took multiple steps to address the issue. He lodged an online complaint with the power department on March 19 and also approached the local police. His police complaint, dated April 3, explicitly alleges that the power connection was converted to a prepaid meter without his consent or any prior notification. Kaushik emphasized that under section 47 (5) of the Electricity Act, 2003, consumers have the legal right to choose between prepaid and postpaid billing systems, and consent is mandatory for such changes.
He further pointed out that this matter is under consideration in various apex court rulings, highlighting the legal significance of his case. On April 6, Kaushik moved an application before the CJM court under the BNSS section 175 (3). This provision empowers a magistrate to order a police investigation into cognizable offences if the police fail to register a First Information Report (FIR), underscoring the gravity of the allegations.
Power Department's Response and Court Proceedings
Confirming the development, Arvind Nayak, a senior official at Aligarh's power department, stated that they are aware of the matter and intend to present their side before the court on the scheduled date of April 27. This case has drawn attention to consumer rights and the procedural obligations of utility providers in Uttar Pradesh.
The court's decision to summon officials signals a proactive approach in addressing alleged violations of the Electricity Act. It raises important questions about the implementation of prepaid meters and the adherence to legal protocols by power departments across the state. The outcome of this hearing could set a precedent for similar cases involving consumer grievances and unlawful disconnections.
