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.799/2009

MRS. SUNITA

W/O SH. ASHOK KUMAR

RZ440-J-5, SADH NAGAR, PALAM COLONY,

NEW DELHI-110045

                                             …………. COMPLAINANT                                                                                  

Vs.

BSES-RPL,

BSES BHAWAN, NEHRU PLACE,

NEW DELHI

                                              …………..RESPONDENT

                                                                                 Date of Order:03.12.2018

O R D E R

A.S. Yadav - President

The case of the complainant is that she is a registered consumer in reference of her domestic electricity connection K.No.2660W 264 1470 provided by OP on 22.04.2006 for which the complainant had deposited Rs.7200- on 20.05.2006 as per OP’s demand letter dated 17.04.2006.  The complainant was regular in paying the bills of the said electricity connections in question, which were being received after every two months.  The last bill for the month of August 2009 of Rs.2030/- was paid on 28.08.2009.  After the payment of bill of August 2009, OP had arbitrarily generated a bill for the month of October 2009 alongwith a past arrear of Rs.50,977.21p, without details of the period to which the arrears pertained even no past bill was unpaid.  The so called arrear of Rs.50,977.21p in the bill for the month of October 2009 is illegal without any justification as there is no past dues in the name of the complainant.  Terming the action of OP as deficiency in service, the present complaint has been filed whereby the complainant has prayed that OP be directed to withdraw the disputed bill for the month of October 2009 and also pay Rs.50,000/- towards compensation and Rs.10,000/- towards litigation expenses.

OP in reply took the plea that the present complaint is false, baseless and misconceived.  It is submitted that meter having K No.2600W2640041 and CRN No. 2660026873 was removed on 13.12.2005 for the non payment of the dues at the final reading of 37125.  It is pertinent to mention that the registered consumer of this K No. which was installed in the name of Ram Avtar at R-Z-440, J-5, Gali-15, Sadh Nagar II Palam, colony.  It is further submitted that while the inspection was conducted it was observed by the inspection team that the electricity was supplied unauthorisedly through the K No.2660W2641470 installed at Ashok Kumar, G/F-RZ440, J-5, KH No-504, Sadh Nagar, Palam Colony installed in the premises of the complainant to the consumer disconnected K No.2260W2640041 who has not paid the outstanding dues till date.  The same action of the complainant is in clear violation of the clause 47 of the DESC & PSR 2007 and also the Electricity Act 2003 and the Amendment thereto.  It is also pertinent to mention that the complainant has also undertaken/declared that the supply of electricity will not be extended/sublet to any other premises without prior written consent of the licensee.  The show cause notice in this regard has been issued on 28.08.2009 calling upon the complainant to reply within 7 days of the receipt of the notice or appear for personal hearing on dated 05.09.2009.  The complainant neither replied to the show cause notice nor did appear for personal hearing.  Thereto the amount of Rs.50,975/- has been transferred to the K No.2660W2641470 bearing CRN No.2660128662.  It is prayed that the complaint be dismissed.

We have gone through the case file carefully.

It is evident that an inspection was conducted and it was observed by the inspection team that the electricity was supplied unauthorisedly through the K No.2660W2641470 installed at Ashok Kumar, G/F-RZ440, J-5, KH No-504, Sadh Nagar, Palam Colony installed in the premises of the complainant to the consumer disconnected K No.2260W2640041 who has not paid the outstanding dues till date.  The show cause notice in this regard was issued on 28.08.2009 calling upon the complainant to reply within 7 days of the receipt of the notice or appear for personal hearing on dated 05.09.2009.  The complainant neither replied to the show cause notice nor did appear for personal hearing.  Thereto the amount of Rs.50,975/- has been transferred to the K No.2660W2641470 bearing CRN No.2660128662. 

OP has placed on record “Delhi Electricity Regulatory Commission Supply Code and Performance Standards Regulation, 2007” and Rule 49(ii) provides as under:-

“49. Disconnection on non-payment of the Licensees Dues

2. The Licensee may take steps to prevent authorized reconnection of such consumers disconnected in the manner as mentioned above.  Wherever Licensee discovers that connection has been re-connected unauthorisedly, Licensee may initiate action as per provisions of section 138 of the Act.  Further, in case Licensee discovers that the supply to such premises has been restored through another live connection, notice to registered consumer/user of such live connection shall be given to stop such illegal supply immediately failing which pending dues of disconnected connection shall be transferred to his account and non-payment of such transferred dues may be dealt with as per Sub-Regulation (i).

OP has taken the action as per the Regulation.  There is no deficiency in service on the part of OP.  Hence the complaint is dismissed.

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

    (RITU GARODIA)                        (H.C. SURI)                           (A.S. YADAV)

        MEMBER                                   MEMBER                              PRESIDENT