• Limitation

SNDL a temporarily disconnected my electricity meter on 29/09/15 without giving any notice for default in payment although a amount of Rs Fifty Thousand was deposited on 31/08/15 against a total amount of Rs Ninety  Three thousand as  my average bill used to be about seven thousand , but  for 2 months it came 18 thousand and 22 thousand respectively  .On 06/10/17 a man from SNDL collected undisputed  amount of Rs 8000 and assured to  get the electricity connected but when he left surprisingly 4 to 5 persons from SNDL came and disconnected my meter permanently and took away my meter. 
I filed a case in Consumer court on 07/11/17 but the court says it is barred by  limitation as the cause first aroused on 29/09/15 and after that for two years I didn't took any action .
But according to me fresh action arised after my payment and permanent disconnection and the cause of action is continuous. But the court is not agreeing , What is the remedy ?
Asked 6 years ago in Civil Law

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9 Answers

Heloo,

If The court is dismissing your petition on the ground of limitation which as per you and as per the law is not the limitation actually then you can order the challenge before the State consumer forum or the National consumer forum as the case maybe.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

it is not barred by limitation, challenge the same before the Higher forum.

And if any FIR under 135 Electricity Act has been lodged then challenge the same before the HC

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1)there is deficiency n service on part of electricity service provider

2)notice has to be issued before disconnecting electricity connection

3)contention of consumer is correct as your claim is barred by limitation . electricity was disconnected in september 2015 you ought to taken legal proceedings within period of 2 years

4) you can file appeal against the impugned order before state commission

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

disconnection of electricity connection has been done in violation of principles of natural justice

you ought to have been issued notice before disconnection

Ajay Sethi
Advocate, Mumbai
94791 Answers
7549 Consultations

5.0 on 5.0

Go for appeal in state consumer forum they will send back case and ask your lawyer to make judge understand what is cause of action with some citations.....

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

5.0 on 5.0

You had a continuing cause of action.

In any case,the cause of action arose once again when despite making the payment by you, they disconnected the supply.

Challenge this in a review.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Hi , you can file a appeal in the state consumer forum ..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

If the consumer court has dismissed the cae or is rejecting the same you can prefer a revision or an appeal before the state commission seeking remedy

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

If you have received the notice from police to appear before them then you may have to appear before them give your statement and also apply for AB before they register FIR.

T Kalaiselvan
Advocate, Vellore
84991 Answers
2205 Consultations

5.0 on 5.0

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