Date of Decision:16.09.2014

First Appeal- 944/2013

(Arising out of the order dated 24.07.2013 passed in Complainant Case No. 600/13 passed by the District Consumer Disputes Redressal Forum(East), Saini Enclave, Delhi)

Shri R.K. Sharma,

R/o A/4, Plot No. 32,

Oriental Enclave,

Indraprastha Extension,

Delhi-110092.

                                                                                            ….Appellant

Versus

1.M/s. BSES Yamuna Power Ltd.,

Through CEO, Shakti Kiran Building,

Karkardooma,

Delhi-110092.

2.General Manager (D), LNR (Power Supply),

33KV Grid SSTN, East Guru Angad Nagar, Luxmi Nagar,

Delhi-110092.

3.Shri Deepak Benjamin,

Business Manager, BSES

Luxmi Nagar,

Delhi-110092.

CORAM

Justice Veena Birbal, President

Salma Noor, Member

N P Kaushik, Member Judicial

1.     Whether reporters of local newspaper be allowed to see the judgment?

2.      To be referred to the reporter or not?

Justice Veena Birbal, President

1.                Heard on admission.                 

2.                Appellant has challenged the order dated 24.7.13 passed by the District Consumer Forum whereby the application of the appellant for initiation of proceeding under Section 27 of the Consumer Protection Act against the respondent is dismissed.

3.                Counsel for the appellant has submitted that an order was passed by the District Forum on 16.6.10 in the complaint case filed by the appellant wherein the respondent was directed not to disconnect the electricity connection of the appellant.  It is submitted that the direction not to disconnect electricity of appellant again was continued by the District Forum on 21.7.10.  It is submitted that despite the aforesaid directions, the respondent has issued notice dated 28.6.13 to appellant to clear the dues failing which the electricity connection will be disconnected.

4.                We have perused the aforesaid notice.  By the said notice, appellant has been asked to clear the outstanding dues of Rs. 4,330/-.  It is further mentioned in the notice as under:

“ a) You have paid the outstanding dues after date 27.06.2013,   this notice may kindly be ignored.

b) There is a stay order issued by a competent court against the above demand, a copy of the said order may be sent to the Commercial Officer of the Division.  Please note that the stay order may be for a particular amount or for a particular billing period, beyond which non-payment shall still result in disconnection proceedings.”   

5.                The petitioner has not placed on record the entire order sheet of the District Forum.  It is also not clear whether the stay granted vide order dated 16.6.10 and 21.7.10 is continuing till date or not.  Even the afore orders are not annexed with appeal and the same are shown in the court only. 

6.                Counsel for the respondent is present in the court in some other case.  Counsel for the respondent has submitted that he is representing the respondent in the present case in District Forum.  It is submitted that appellant is not paying the electricity charges as a result of which the afore show cause notice was issued.  It is submitted that the metre of appellant is faulty and the District Forum has passed an order for change of metre.  Even the appellant is not permitting to change the metre. 

7.                Further in the notice dated 28.06.2013, it is mentioned that  the party is at liberty to meet the Commercial Officer of the Division in case there is stay order in his favour.  In these circumstances, petitioner is at liberty to meet the concerned officials with the stay order, if any, in his favour.

8.                No case for interference is made out. Appeal is dismissed.

9.                FDR, if any, deposited by the appellant be released after completing all formalities.

10.                  A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.