Delhi

East Delhi

CC/405/2013

Harbhajan Singh - Complainant(s)

Versus

BSES - Opp.Party(s)

12 Aug 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

CC No.405/2013:

In the matter of:

Sh. Harbhajan Singh

R/o. 8, Upper Ground Floor, Gopal Park,

Delhi – 110 051

          Complainant

Vs

The Business Manager

B.S.E.S. Yamuna Power Ltd.

F – 15/2, Krishna Nagar,

Delhi – 110 051

 

                                                                             Respondent

 

                                                   Date of Admission - 29/05/2013

                                                   Date of Order          - 06/10/2015

ORDER

Poonam Malhotra (Member):

The brief facts of the present complaint are that the complainant is residing in Property No. 8, Upper Ground Floor, Gopal Park, Delhi – 110 051 since two years which is owned by his wife, Smt. Amarjeet Kaur and is the consumer of Electricity vide Meter No.11203338, CA No.150103508 since 10/06/2011.  It is alleged that only on 15/04/2013 the complainant received a Notice for disconnection of electricity as a sum of Rs.1,95,250/- in the name of some Sh. Anil Saluja, but no such person is residing in the said premises.  The respondent has raised a demand for the said amount and it is alleged that the respondent has threatened to disconnect his electricity connection.  The complainant is regularly making payments of the bills raised by the respondent and there is no payment due outstanding against him.  It is alleged that the complainant has taken the electricity connection in his name.  The Complainant alleges to have lodged two complaints on 17/04/2013 with the respondent but they were of no consequence. It is in these circumstances that the complainant has prayed for withdrawal of the impugned demand of Rs.1,95,250/- raised on him by the respondent and for directions to the respondent not to disconnect his electricity. He has further prayed for compensation and cost of litigation.

 

            The present complaint has been contested by the respondent and in its written version it has raised the plea of lack of cause of action to the complainant to file the present complaint no notice of Dues Transfer has been sent to him.

            Neither rejoinder to the written statement of the respondent field by the complainant nor evidence by way of affidavit filed by him to reaffirm the allegations made by him in his complaint.  Affidavit of Sh. Nirakar Roy, Business Manager of the Krishna Nagar Division filed in evidence by the respondent only in support of its case wherein it has also submitted that the complainant is neither its Registered Consumer nor has he filed any authority to file the present complaint in his name.  As such he has no locus standi to file the present complaint in his name. The Registered Consumer of electricity connection with CA No. 150103508and Meter No. 11203338 is Smt. Amarjeet Kaur.

Heard and perused the record.

Before going into the merits of this case, the fact as to whether the complainant is a consumer or not needs to be decided.  In the case in hand, Smt. Amarjeet Kaur, wife of the complainant is the Registered Consumer of the respondent vide CA No. 150103508and Meter No. 11203338 and she is the owner of the Property No.8, Upper Ground Floor, Gopal Park, Delhi – 110 051 as is evident from the copy of the Sale Deed filed on record and the  copy of the Electricity Bill with Bill Date 25/04/2013 filed on record.  In view of the facts that the complainant has not furnished any Power of Attorney or Letter of Authorization issued by Smt. Amarjeet Kaur in his favour he cannot be treated as a consumer of the respondent under the The Consumer Protection Act, 1986.  Sh. Harbhajan Singh has no locus standi to file the present complaint and it is, thus, not maintainable under the said Act of 1986. It is accordingly dismissed with the observation that the real consumer i.e., Smt. Amarjeet Kaur may file complaint in her own name, if so advised.

Copy of the order to be sent to both the parties as per rules.

 

 

 (Poonam Malhotra)                                                                                             (N.A. Zaidi)

          Member                                                                                                                     President