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.406/2009

SH. SHIV KUMAR SHARMA

52/1/2 YUSUF SARAI,

NEW DELHI-110016

                                             …………. COMPLAINANT                                                                                  

Vs.

M/S BSES – RAJDHANI POWER LTD.,

THROUGH CHIEF EXECUTIVE OFFICER,

B.S.E.S. BHAWAN, NEHRU PLACE,

NEW DELHI-110019

                                  …………..RESPONDENT

                                                                                 Date of Order: 16.08.2016

O R D E R

A.S. Yadav, President

The case of the complainant is that he is consumer of the K.No.25521 L 806 0877 and is using the electricity within the limit of sanctioned load and is making the payment of the bill to the OP.

It is further stated that the property where the said connection is installed was purchased by the complainant in 2001.  Complainant wanted to open a small shop in the aforesaid premises and therefore applied for a connection under commercial category vide application No.N255109030338 bearing No.2540 C6391811 on 09.03.2009 so that separate connection under NX category be taken for running office/shop.

It is further stated that complainant visited office of OP number of times for installation of the electricity meter but in vain.  OP told complainant that there were outstanding dues against the complainant relating to one meter tampering bill.  Complainant paid the said amount even thereafter the meter was not installed.  It is stated that this action of OP tantamounts to deficiency in service on their part.  It is prayed that OP be directed to sanction new connection in the name of complainant under commercial (NX category) and also pay Rs.50,000/- as compensation and Rs.20,000/- as litigation expenses.

OP took the plea that there were dues amounting to Rs.52,600/-  against  this  premises  in respect  of K.No.2551 L806 875 in the name of   Sh. Mahesh Chand Sharma, due to this reasons OP was unable to provide the new electricity connection.  It is submitted that as per DERC guidelines OP is unable to provide new electricity connection in the premises till the clearance of outstanding dues.  It is further submitted that on 27.03.2009 the premises bearing No.52/1/2, F/F Yusuf Sarai was inspected by their authorized team and misuse was found.  It is further stated that connected load of 10.883KW was found and accordingly assessment bill for Rs.2,31,145/- was raised.  Even today this amount is pending against the above said premises.  It is stated that there is no deficiency in service on the part of OP.  It is prayed that the complaint be dismissed.

In rejoinder complainant stated that the plea taken by OP that because of the dues existing against Mr. Mahesh Chand Sharma in respect of the connection bearing No.2551 L806 875 amounting to Rs.52,600/-, the connection is not being sanctioned.  Furthermore reason has been attributed to the assessment bill of Rs.2,31,145/- pending in the name of Mr. Subhash Chand Sharma in respect of 52/1/32, FF, Yusuf Sarai and the new connection cannot be sanctioned.  The plea taken by OP is unsustainable in the eyes of law as the premises where the connection has been applied is altogether different as is evident from the address mentioned in the acknowledgment receipt of the connection itself which reads as under:- Shop in house no.52/1/2, Ground Floor, Left side, Front portion, Yusuf Sarai, New Delhi-110016.  The address is altogether different and the objection taken by the OP is not in accordance with the law.

We have carefully perused the record. 

It is significant to note that the premises where the connection was to be installed is bearing No.52/1/2 Yusuf Sarai, New Delhi  and this is the property which has been purchased by complainant on 24.10.01 by virtue of sale deed.  This property was inspected.  The detailed inspection report is placed on the record containing even the assessment of the connected building and show cause notice was served on the complainant in respect of unauthorized use of electricity on 27.03.08 whereby complainant was asked to appear before the Appropriate Authority on 08.04.08 at 11 AM.  However, nobody appeared and again show cause notice was served and the complainant was asked to appear before Appropriate Authority on 22.04.08.  On that day one Shri Subhash Chand Sharma appeared before the Appropriate Authority and thereafter the speaking order was passed.  In the speaking order it is stated that “the bill for unauthorized use of electricity, sanctioned under domestic category, for non domestic purpose is required to be raised at a penal rate as tariff applicable for the relevant category for actual use, as per the provisions of Tariff Schedule and Section 126 of Electricity Act, 2003.

Since there was outstanding dues in respect of unauthorized use of electricity, OP was justified in not granting the new connection.  There was no deficiency in service on the part of OP.  Hence complaint is dismissed.

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

(D.R. TAMTA)                    (RITU GARODIA)                        (A.S. YADAV)

         MEMBER                               MEMBER                                  PRESIDENT