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.860/2009

SH. BABU ASH

S/O LATE SH. KARTIK ASH

R/O H.NO.24, BALMIKI MOHALLA,

TUGHLAKABAD VILLAGE,

NEW DELHI

                                                         …………. COMPLAINANT                                                                                  

Vs.

M/S B.S.E.S. RAJDHANI POWER LIMITED,

THROUGH ITS CHIEF EXECUTIVE OFFICER,

NEHRU PLACE,

NEW DELHI

                                                          …………..RESPONDENT

                                                                                         Date of Order:24.11.2015

O R D E R

A.S. Yadav - President

            The case of the complainant is that he applied to Delhi Vidyut Board(now known as BSES Rajdhani Power Ltd.) for a domestic electricity connection on 26.03.1998 and deposited Rs.4,525/- vide receipt No.231855 dated 26.3.1998.  It is stated that despite depositing the requisite fee of the electricity connection, the meter was never installed at the premises of complainant.  Complainant time and again requested the officials of Delhi Vidyut Board to do so but in vain.  In November 2001, Delhi Vidyut Board raised a bill for a sum of Rs.7,700/- for K.No.1205364 allotted by them to complainant.

The said amount was paid by the complainant.  Further a bill for a sum of Rs.11,020/- was raised in August 2002 and the same was also paid by the complainant.

It is further stated that complainant again requested OP for installation of electricity meter, the department further raised a bill for a sum of Rs.23,370/-.  When complainant brought to the notice of OP about the deficiency in service, the bill was reduced and settled for Rs.10,000/- and complainant was forced and compelled to deposit the said amount of Rs.10,000/- which was deposited by complainant on 09.04.2008.

It is further stared that the complainant again requested OP to install electricity meter and ultimately new electricity meter was installed on 21.2.2009 vide meter change report No.583682.

It is further submitted that the aforesaid electricity meter was removed by the officials of OP arbitrarily and illegally without any fault on the part of complainant and since then complainant and his family members are without electricity.

It is further stated that complainant got served a legal notice dated 08.07.2009 on but OP but OP did not install electricity meter.

It is prayed that OP be directed to install the electricity meter at the premises of complainant and also to pay Rs.2 lakhs towards compensation.

OP in the reply took the preliminary objection that complaint is barred by limitation as complainant had applied for electricity connection on 26.03.1998 whereas the present complaint has been filed after almost 10 years.  It is further stated that complainant is not a consumer.  It is stated that the area where the complainant was residing was a unelectrified area and complainant was given “Kundly Connection” on ‘As is Where is’ basis.  It  was a temporary electricity connection on single phase under domestic category without any electricity meter “Direct from Overhead Cable(DFOC)”.  It is prayed that complaint be dismissed.

In the replication, complainant has denied the averments made by OP in the preliminary objection. It was further stated that against removal of electricity meter, a legal notice was served on OP by way of registered post and receipt but the same was never replied by OP which tantamounts to admission of wrongs committed by OP.  It is denied that the said connection was sanctioned in AIWI scheme.  It is stated that no parawise reply was given by OP.

We have heard Ld. Counsel for parties and carefully perused the records as well as written submissions.

It is significant to note that in the entire reply, OP has not stated anything on merit and just the preliminary objections.  In para 6 of the complaint, complainant has specifically stated that an electricity meter was provided to complainant on 21.2.2009 vide report bearing No.583682 and that electricity meter was arbitrarily and illegally removed by OP.  This fact is not denied in the WS and is deemed to have been admitted.  Similarly in para 6 complainant has specifically stated that he got the legal notice served on OP but OP neither installed the electricity meter nor compensated the complainant.  The same is not rebutted by OP in its reply and deemed to have been admitted.

It is an admitted case of OP that no electricity meter was installed and electricity connection was given in 1988 direct from the cable which is known as Kundly Connection on ‘As is Where is’ basis, meaning thereby that in such a situation in the absence of electricity meter a fixed amount is collected from the consumer based upon the area of the premises.  It is significant to note that complainant initially paid a bill of Rs.77,000/- which was raised in November 2001 and thereafter paid an amount of Rs.11,020/- which was raised in August 2002.  Then a sum of Rs.23370/- was raised vide bill No.220527 having due date 09.4.08.  On the request of complainant, the said

amount was reduced to Rs.10,000/-.  This fact is also not disputed in the WS and deemed to have been admitted.  The OP has nowhere explained as to on what basis these amounts were raised.  OP has not disputed the fact that the electricity meter was removed and that a legal notice dated 08.7.09 was served on the OP.  OP has nowhere stated that they have not removed the electricity meter.  Complainant stated that since then the complainant is without electricity.

During the course of argument, OP has placed on record the bills showing the outstanding amount of Rs.43,319/- from 11.04.2007 to February 2011.  OP has failed to prove the basis on which the amount was calculated.  Moreover in March 2008 a bill of Rs.23,370/- was raised by OP which was settled for Rs.10,000/- and that amount was paid by the complainant on 09.04.2008.  The meter was installed on 21.02.2009 which was removed without any notice to the complainant.  Against the removal of meter, a legal notice dated 08.07.2009 was served on OP.  We are failed to know on what basis this amount of Rs.43,319/- has been calculated.  Once the amount of Rs.10,000/- was paid on 09.04.2008 and finally electricity meter was removed somewhere in between 21.02.2009 to 08.07.2009 as unfortunately the specific date of removal has not been mentioned by complainant.  On the face of it, raising of such bill is arbitrary because there was no electricity meter showing the consumption of electricity.

No notice was served on complainant before removal of the meter.  It is proved beyond doubt that actions of OP is arbitrary and tantamount to deficiency in service on the part of OP. 

OP is directed to install the electricity meter and to restore the electricity connection at the premises of of the complainant.  OP is further directed to pay Rs.3,000/- for compensation as well as Rs.3,000/- for litigation expense to the complainant.

Let the order be complied with 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.

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

          MEMBER                                                                     PRESIDENT