Delhi High Court - Orders
Rahul Nath vs Bses Rajdhani Power Limited on 16 October, 2020
Author: Najmi Waziri
Bench: Najmi Waziri
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8079/2020, CM APPL. 26260/2020 & CM APPL.
26261/2020
RAHUL NATH ..... Petitioner
Through: Mr. Mayank Bansal, Advocate.
versus
BSES RAJDHANI POWER LIMITED .....Respondent
Through: Mr. Shubham Sharma, Advocate.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
ORDER
% 16.10.2020 The hearing was conducted through video conferencing.
1. The learned counsel for the petitioner submits that on 08.02.2019, the case was forwarded to the Consumer Grievance Redressal Forum (CGRF). However, the complaint is yet to be looked into. It is the petitioner's case that he is now without electricity for many months; that he was managing with electricity generators thus far but it is difficult for him to manage his affairs without regular electricity supply.
2. Mr. Shubham Sharma, the learned counsel who appears on an advance notice on behalf of BSES, states that this case has a chequered history: this is the third round of litigation. In earlier two rounds, the Court had directed the petitioner to pay certain monies:
" Order dated 17.07.2015 in W.P. (C) No. 6821/2015 Present matter has been listed today in pursuance to the urgent mentioning being allowed by the Division Bench. After some arguments, learned counsel for petitioner has agreed to hand over to the respondent a post-dated cheque dated 24th July, 2015 for Rs.9,20,381.63/- today itself in lieu of the actual consumption bill for the month of July, 2015. She assures this Court that the aforesaid post-dated cheque that is to be handed over by the petitioner is good for payment. Learned counsel for petitioner also undertakes to this Court that petitioner shall pay the current consumption charges in future. The statements and undertakings given by learned counsel for petitioner are accepted by this Court and petitioner is held bound by the same.
In view of the aforesaid, respondent is directed to restore the electricity connection to the petitioner within twenty-four hours.
It is clarified that in the event, the post-dated cheque is dishonoured, it shall be open to the respondent to disconnect the electricity connection of petitioner forthwith.
With the aforesaid observations, present writ petition and applications stand disposed of.
Order dasti."
" Order dated 08.02.2019 in W.P. (C) No. 1727/2016 ...
Accordingly, in my view, firstly, the demand/bill that was subject matter of this petition stands withdrawn by the respondent ; and accordingly the prayer made in this petition stands satisfied and therefore the petition is rendered infructuous; secondly, the petitioner has chosen to come to this court with what appears to be a running dispute as regards the demand/bills for electricity consumed at the petitioner's premises and this court cannot keep issuing orders or directions in respect of such running dispute as to bills; thirdly, it appears the petitioner, of his own volition chose not to avail the alternate, efficacious remedy of approaching the CGRF to seek amelioration of his grievances, which he would have been well advised to do.
In my view, repeated forays in proceedings under Article 226 of the Constitution of India in usual and ordinary billing disputes such as the one in this case, is an abuse of process and misuse of the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.
In view of the above, this petition is disposed of, with liberty to the petitioner to approach the CGRF set-up under Section 42(5) of the Electricity Act, and if necessary thereafter, the Ombudsman under Section 42(6) to seek redressal of his grievances. The petition stands disposed of in the above terms."
3. What emanates from the above is that there is money outstanding against the petitioner. He had initially issued a cheque which was dishonoured. But he wants an electricity connection even before his disputed bill is looked into on merits by the CGRF. Surely, the respondent cannot be directed to give electricity connection without payments being made to it, either in terms of the outstanding bills or till the bill is settled by the CGRF.
4. In view of the above, no orders can be passed at this stage. At best, the petitioner shall pursue his complaint with the CGRF which upon receipt of such request will look into the matter urgently.
5. It will be open to the petitioner to approach the respondent for issuance of fresh bills, if he so desires.
6. The petition, alongwith pending applications, stands disposed-off in the terms of the above.
7. The order be uploaded on the website forthwith.
NAJMI WAZIRI, J OCTOBER 16, 2020 RW