Delhi

East Delhi

CC/584/2015

MS FARKHANDA ZAIDI - Complainant(s)

Versus

BSES - Opp.Party(s)

16 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT OF NCT OF DELHI

                 CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92

CC NO.584/2015
 

Ms. Farkhanda Zaidi

W/O Mr. Mahmood Zaidi

WA-121/107, Shakarpur,

Delhi-110092

 

Complainant

 

Vs

 

BSES Yamuna Power Ltd.

Through its Executive Engineer (D-JM)

East Guru Angad Nagar, Near Radhu Palace

Laxmi Nagar, Delhi-110092

 

                        

Opposite Party

                                                                                      Date of Admission - 12/08/2015

                                                                                    Date of Order          - 02/02/2016

SH. N. A. ZAIDI, PRESIDENT

This complaint has been filed with the allegation that Complainant is a Consumer of Respondent vide CA No.100870665. She is running an office for earning her livelihood which is also been stopped since last 11 years and she visit the office only to keep it clean and the bills are regularly paid. On 02/06/2015 husband of the Complainant found that there is no electricity, whereas there is electricity in the neighbor’s offices. A call were made to the Respondent and the complaint No.15060100279 was given. An officer of the Respondent visited spot and found that the meter is missing. The police report No.563/15 was filed on 02/06/2015. A copy of the police report was made available to the Respondent and they raised a demand of Rs.38,517/- stating it to be a case of misuse, by stolen meter. The bill was received on 25/05/2015 of Rs.477.25 for electricity consumption between 23/04/15 to Rs.21/05/15. On 23/06/2015 a bill was raised by the Respondent of Rs.4,973.51, with unexplained charges of Rs.3,767.27.  In the bill of 25/07/2015 Rs.1877.45 were unexplained. When the Complainant visited the office of the Respondent it was told that Rs.38,517/- was not the cost of stolen meter but it was a penalty imposed. The Complainant has prayed for the refund of the entire amount and for revising the bill of the electricity on consumption basis.

            Respondent filed their reply taking the plea that the complainant is not a consumer. As per the definition of the Consumer Protection Act as connection is nondomestic. They have relied upon the BSES Rajdhani Power Ltd. Vs M/S Saraf Project Pvt. Ltd and the judgment of the Hotel Corporation of India Vs DVB. In paragraph 2 it has been written that the account of the Complainant was checked and it was found that the down loaded reading from the missing meter were erratic and Complainant asked to consider their case as VDS so that to get they supply restored and avoid penalty. He got the prescribed form signed and the bill was accordingly prepared. She was told to deposit the charges of the missing meter and in subsequent, bill charges for misappropriation of energy were levied.

             Affidavit of Smt. Farkhanda was filed in support of her complaint.

            Heard and perused the record.

            This fact is admitted to the Respondent that the meter of the Complainant was stolen. This fact is also not denied that the Complainant has deposited the amount of Rs.38,517/- to get the supply restored in Para 2 of reply on merit, the only ground which has been taken by the Respondent is that they found from the record that the meter readings are erratic and it is on the basis of those meter readings, it was considered a case of illegal extraction of energy and Complainant was asked to furnish the VDS form. Complainant Counsel argued that the entire exercises under taken by the Respondent are illegal, how it could be said to be a case of theft of electricity by illegal means. As per their own allegation the meter readings were regularly taken, no theft was found at the spot. The meter was stolen regarding which the FIR were promptly lodged. There was no other source available to the Respondent on the basis of which they could alleged that it is a case of illegal extraction of energy. In these circumstances the complainant should not have been force to sign the VDS form nor they could have asked the Complainant to pay the amount of Rs.38,517/-, it is also argued that no notice were ever served upon the Complainant regarding any illegal use of electricity nor any order passed u/s 26 of the Electricity Act. It is for the Respondent to explain as to how they can raise the bill of Rs.38,517/- against the Complainant. The amount so got deposited  is not legally payable by the Complainant, which needs to be refunded to the Complainant. In so far as the question of Jurisdiction of this Forum is concern, this is true that the connection was nondomestic and it was installed at the office of the Complainant. This place was used by the Complainant for her livelihood there is no evidence that there was illegal extraction of energy. There is no evidence that by using the electricity through this connection. Complainant was running any machinery in his office which could generate profit to the Complainant. In these circumstances by merely on the fact that the connection was obtained for nondomestic basis it could be termed as commercial in nature.

            In these circumstances the plea raised by the Respondent is without any substance. The amount of Rs.38,517/- is illegally charged by the Respondent. The Complainant is entitled for the refund with 9% interest thereon from the date of the deposit of that amount till it is finally paid. The Respondent is directed to raise the bill on the actual consumption without any penalty or late charges. The extra amount if any deposited by the Complainant shall be adjusted in the subsequent bill. The Complainant has been harassed and traumatized. We award compensation of Rs.8,000/- which shall also include the cost of litigation. This amount be paid within 45 days if not paid complainant, Complainant shall be entitled for 9% interest over this amount also till it is paid.

Copy of this order be provided to both the parties.

 

 

(DR.P.N.TIWARI)                        (POONAM MALHOTRA)                                (N.A.ZAIDI)                                                                                                                                                    MEMBER                                       MEMBER                                        PRESIDENT