DISTRICT CONSUMER DISPUTES REDRESSAL FORUM : NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088
CC No: 915/2016
D.No._________ Dated: ___________
In the matter of:
SUBODH KASHYAP S/o SH. PYARE KASHYAP,
R/o FLAT NO-62, PKT-4, LIG FLATS,
SECTOR-10, NARELA, DELHI. … COMPLAINANT
Versus
TATA POWER DELHI DISTRIBUTION LIMITED,
THROUGH IT’S M.D., NDPL HOUSE,
HUDSON LINES, KINGSWAY CAMP,
DELHI-110009. … OPPOSITE PARTY
CORAM : SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 15.09.2016
Date of decision: 09.01.2017
SH. M.K. GUPTA, PRESIDENT
ORDER
1. Complainant has filed the present complaint against the OP under the consumer protection act, 1986 thereby alleging that he has been running his Ice Factory and is a consumer of OP vide CA.No-60016452140 and the electricity connection is installed in the name of owner of the premises namely Sh. Satya Prakash Shrivastava. The complainant further alleged that he has taken the premises on lease and as such is liable to pay for consumption of electricity. The complainant further alleged that he had been regularly making the payment of each and every bill. The complainant further alleged that from the previous billing cycle, the bills have not been raised on monthly basis and moreover the consumption of electricity had been shown in the said period increasing one by one, irrespective of the fact that there are no extra equipment or machinery and the working hours are not increased in comparison to earlier. The complainant further alleged that he received a bill dated 08.06.2016 at exaggerated rate of consumption of electricity and its charges at Rs.13,62,610/- have been shown and on 14.06.2016, the officials of OP disconnected the electricity supply to the factory premises of the complainant with the result, the entire working in the factory premises has been stopped. The complainant further alleged that there has been deficiency in service on the part of OP.
2. On these allegations the complainant has filed the complaint on 15.09.2016 praying for direction to the OP to restore the electricity connection to the factory premises of the complainant, to direct the OP to withdraw the bill in question with immediate effect and to award a sum of Rs.50,000/- on account of harassment, humiliation, mental and physical agony and has also prayed for litigation cost. The complainant also filed an application on 30.09.2016 for restoration of electricity connection alongwith copy of receipt dated 11.06.2016 of deposit of Rs.2,05,000/- and copy of D.D. of Rs.2,50,000/- and has stated that he is ready to deposit the said D.D. with OP.
3. OP has been contesting the case of the complainant and has filed an application for vacation of stay and dismissal of complaint and submitted that complainant has misused the provisions of law and has concealed the material fact. OP further submitted that the complainant had earlier filed a matter before PLA-II vide case no-3884/2016 with respect to billing dispute against electricity connection bearing CA No-60016452140 and settled the same before PLA-II on 24.08.2016 and has undertaken to pay the settled amount of Rs.11,97,180/- in installments. OP placed on record copy of said order. Vide the said order it has been directed that the petitioner i.e. Subodh Kashyap shall, however, withdraw the case, if any, pending in any court/Forum/Tribunal with regard to SIP connection bearing CA No-60016452140. AR for OP further strongly submitted that the complainant is misusing the process of law and has suppressed the material fact.
4. This forum has considered the case of the complainant as well as the OP in the light of above submissions and documents placed on record by the parties. After due consideration of the cases of the both the parties, we are of opinion that the present case filed by complaint is a gross misuse of process of law and the complainant has suppressed and concealed the material fact of filing of earlier case before PLA-II, prior to filing of the present complaint case as well as an application for restoration of electricity connection. We are further of opinion that the complainant has indulged in frivolous and vexatious litigation. The complaint is accordingly devoid of any merits and is dismissed with special cost of Rs.10,000/- which is imposed on the complainant, as per provisions of Sec-26 of The Consumer Protection Act, 1986 and to be paid to the Opposite Party within one month from the date of this order. Consequently , the stay order granted by this forum vide order dated 30.09.2016 and clarified vide order dated 03.10.2016 also stands vacated and the OP shall be at liberty to take appropriate steps for disconnection of electric supply as per order dated 24.08.2016 and 07.12.2016 of PLA-II and for recovery of cost imposed of the complainant by this order.
5. 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 9th January, 2017.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
