CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.866/2008

SH. HARI SHANKAR SHARMA

B4/292 PARYTAN VIHAR ENCLAVE

DELHI-110096

                                             …………. Complainant                                                                                        

Vs.

M/S BSES RAJDHANI POWER LIMITED

NEHRU PLACE,

NEW DELHI-110017

                                                          …………..Respondent

                                                                                 Date of Order: 26.05.2015

O R D E R

A.S. Yadav, President

The case of the complainant is that he applied for a new electricity connection at his premises 110 Vasant Plaza FF, Munirka, New Delhi to the OP and OP after conducting Commercial Feasibility Test(CF) and Technical Feasibility Test(TF) issued demand note to complainant and accordingly the complainant deposited Rs.27411/- as Security Deposit on 20.11.2002 to OP. 

Complainant was informed by OP that permanent connection cannot be provided however complainant can get the temporary connection instead of permanent connection.  Therefore on 22.11.2003 complainant applied for temporary connection and deposited Rs.3,100/- as Security Deposit with OP.  Complainant had deposited Security Deposit for two connections and he did not get even one.  Complainant visited several times to office of OP but could not secure the electricity connection. In the month of June 20074 the complainant again approached OP for grant of new connection wherein he was directed to deposit security amount stating that earlier application of the complaint was stand lapsed.  Complainant again paid the security deposit and secured the electricity connection bearing CRN No.2550120317 for his premises. 

Complainant did not get refund of security deposit made to OP for applying two electricity connection i.e. one permanent and one temporary.  Complaint sent two letters on 15.6.2007 and 03.7.2008 for refund of security deposit of Rs.27411/- and Rs.3100/- respectively.  On 06.10.2008 the complaint received two cheques of Rs.8524/- and Rs.2228/- from OP against deposit of Rs.27411/- and Rs.3100/-.  OP has not refunded the remaining amount of Rs.19759/- deposited by complainant as security deposit.

The complainant has prayed that OP be directed to refund the balance amount of security deposit with 18% interest p.a. from the date of deposit and also to pay Rs.50,000/- towards mental harassment and Rs.15,000/- towards litigation cost. 

It is not disputed that complainant applied for permanent electricity connection and deposited the amount as required by OP.  It is also not disputed that OP raised the demand after carrying out necessary inspections.  It is not disputed that the OP asked the complaint to apply for temporary connection as it was not possible to grant permanent connection.  Accordingly complainant applied for temporary connection and paid the amount desired by OP.  It is not disputed that both electricity connections were not provided to the complainant.  It is not disputed that complainant was asked to apply for fresh connection and the complainant applied for fresh connection and deposited the amount and he was granted the electricity connection but neither the earlier amount was adjusted nor the entire amount was refunded.  Only a sum of Rs.10752/- has been refunded by the OP to complainant.

We have heard Ld. Counsels for parties perused the record carefully.

            In fact, there was no reason for not providing electricity connection once the required tests have been carried out by the OP.  The complainant has referred to regulation 16(V) of Delhi Supply code which provides as under:-

“Once a demand note is raised, the licensee shall be under obligation to energise the connection subject to the provision of the clause (VII) below”

Regulation 16(VII) provides that “the applicant shall make the payment within seven days of receipt of the demand note….”

Since OP has failed to provide the connection as desired by the complainant, there was no justification on the part of the OP for retaining the amount.

            The complainant is entitled for refund of Rs.19759/- alongwith 9% interest p.a. from the date of filing of complaint till realization , plus Rs.5000/- for mental harassment and Rs.2000/- for litigation expenses. 

Let the order be complied within one month of the receipt thereof.  The complaint stands disposed of accordingly.

            Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

                 (EHTESHAM-UL-HAQ)                                       (A.S. YADAV)

                       MEMBER                                                          PRESIDENT