DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1170/2015
D.No.__________________ Dated: _________________<
IN THE MATTER OF:
Smt. JOGINDER KAUR W/o SH. RAMPHAL,
R/o H. No. 4589/13, JAI MATA MARKET,
TRI NAGAR, DELHI-110035. … COMPLAINANT
Versus
TATA POWER DELHI DISTRIBUTION LTD.
NEAR ADITI GIRLS COLLEGE, BAWANA ROAD,
BAWANA, DELHI-110039. … OPPOSITE PARTY
CORAM: SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 09.10.2015
Date of decision: 11.02.2020
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against OP under the Consumer Protection Act, 1986 thereby alleging that the complainant is the Prop. of M/s Naresh Plastic, O-235, Sector-1, DSIIDC, Bawana, Delhi and has been using electricity vide K.No. 41105016250 bearing CA no. 6000809459 and deposited Rs.60,000/- in the year-2004 which includes Rs.46,500/- for connection deposit, Rs.9,000/- for consumption deposit & Rs.4,500/- for cable charges for SIP (Small Industrial Power
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Connection) of 50 KW. The complainant surrendered the said connection on 24.04.2014 and applied for 19 KW connection. The complainant further stated that she deposited an amount of Rs.17,000/- in 2015 for 11 KW connection and has sought refund of the amount of Rs.46,500/- alongwith interest which was not allowed by OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the said amount alongwith interest and has also sought refund of Rs.4,500/- and Rs.9,000/- which were deposited towards cable charges and DC and has also sought compensation for harassment and litigation cost.
3. OP has been contesting the case of the complaint and filed written statement and submitted that the complaint is not maintainable and is liable to be dismissed. OP further submitted that the complainant applied for a new electricity connection in a new area which was sanctioned with CA No.60008094959, vide K No. 41105016250 and the same is registered in the name of M/s Naresh Plastic Prop. Joginder Kaur, O-235, DSIIDC, Bawana, Delhi for sanctioned load of 50 KW for small industrial power and the same was engergized on 05.05.2004. Initially the sanctioned load was 20 KW and the consumer paid an amount of Rs.10,500/- towards service line cum development charges and cable charges and the said amount was inclusive of Rs.1,500/- cable charges
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which was only refundable. OP further submitted that the consumer applied for enhancement load from 20 KW to 50 KW and an amount of Rs.49,500/- was paid towards service line cum development charges and cable charges and was inclusive of cable charges of Rs.45,000/- which was refundable. The consumer requested for dis-connection of above connection on 09.01.2014 and the meter was disconnected and removed on 10.01.2014 and thereafter the consumer requested for refund of security deposit on 20.03.2014 and the security deposit amount of Rs.46,500/- was refunded to the consumer on 01.04.2014. OP further submitted that security of the connection was migrated from other district office which was lying earlier at Rs.1,664/- (Rs.1,564/- plus Rs.100/- for 19 KW connection vide K. No. 32400124104 which was updated in the accounts and was refunded on 23.07.2014 alongwith interest of Rs.727/- on security amount from the year-2007 till date. OP further submitted that interest on Rs.46,500/- was regularly being paid and adjusted in the accounts. Op further submitted that development cost of Rs.10,000/- and service line cum development charges of Rs.4,500/- are not refundable as per Regulation No. 20, 29 & 30 of DERC Supply Code and Performance Standards Regulations, 2007 and the case of the complainant seeking refund of these charges is not maintainable. OP further submitted that as the connection was an industrial power
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connection and as such the complainant is not covered under the definition of Consumer and the case is not maintainable on this point.
4. The complainant did not file rejoinder.
5. However, in order to prove the case of the complainant one Sh. Ramphal Naresh filed his affidavit in evidence and also filed written arguments. The complainant has also placed on record copy of receipt dated 16.03.2004 regarding deposit of Rs.49,500/-, copy of complaint to OP and copy of receipt dated 15.07.2015 of Rs.17,000/-.
6. On the other hand, Sh. Ashish Bhatnagar, Customer Service Manager (Sr. Manager) of OP filed his affidavit in evidence which is as per defence taken by OP in the written statement. OP has also filed copy of statement of account of the electricity connection of the complainant and copy of meter replacement form. OP has also filed written arguments.
7. This forum has considered the case of the complainant as well as the OP in the light of evidence of the parties and documents placed on record by the parties and submissions of parties.
8. During arguments it is not disputed by the complainant that an amount of Rs.49,186/- has been received from OP and has been deposited by the complainant in the bank account of Naresh Plastic maintained in Delhi Nagrik Sehkari bank Ltd., Tri Nagar branch, Delhi.
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9. As per Regulations no. 20, 29 & 30, of Delhi Electricity Supply Code and Performance Standards Regulations only security deposit shall be refunded to the claimant which OP has already refunded and there is no provision on the basis of which service line cum development charges and cable charges (SLD) can be refunded and the complainant has failed to prove the case on this aspect. Thus, the complainant has failed to prove the case on merits and the complainant has also failed to prove any deficiency in service on the part of OP. The case is accordingly dismissed.
10. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 11th day of February, 2020.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY : SATYENDRA JEET
