State Consumer Disputes Redressal Commission
Bses Rajdhani Power Ltd vs Bir Mati on 19 September, 2007
IN THE STATE COMMISSION:DELHI IN THE STATE COMMISSION: DELHI (Constituted under Section 9 of The Consumer Protection Act, 1986) Date of Decision: 19.09.2007 Appeal No. A-07/510 (Arising out of Order dated 22-08-2006 passed by the District Consumer Forum, Sheikh Sarai, New Delhi in Case No. 262/2006) BSES Rajdhani Power Ltd. Appellant Through Through Branch Manager, Mr. Amit, Palam, Advocate New Delhi-110043. Versus Mrs. Bir Mati Respondent W/o Mr. Radhe Shyam, House No.279, New Roshanpura, Z Block, Najafgarh, New Delhi-110043. CORAM: Justice J.D. Kapoor President Ms. Rumnita Mittal Member
1. Whether Reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice J.D. Kapoor, President (Oral)
1. Admittedly the respondent has been consuming energy direct from the poles under the scheme As is where is basis by paying electricity charges from January, 2001 @ Rs. 2/- per sq. yd. of his plot size, as agreed by him while applying for temporary connection under the scheme. There is also no dispute that he has not deposited any charges towards consumption of energy since January, 2001. Appellant raised demand on the basis of increased rate from July, 2001 without there being any notification for increase of the tariff under the scheme. Feeling aggrieved the appellant filed the instant complaint before the District Forum.
2. Vide impugned order dated 22.08.2006, the District Forum has given the following directions to the appellant :
To issue revised demand on the basis of agreed rate of Rs. 2/- per sq. yd. of the plot size of the respondent. Since the arrears involve huge amount, the respondent may not be able to pay the arrears at one go and therefore the appellant is directed to allow the respondent to deposit the arrears by way of 20 EMIs. The appellant shall sanction connection in favour of the respondent on his depositing first instalment towards the arrears and on his undertaking to pay the balance as also the current charges.
The appellant shall be at liberty to disconnect the supply if the respondent fails to pay even a single instalment towards the arrears.
3. The impugned order has been assailed through this appeal mainly on the ground that as per Office Order No. CO-II/P-38/98-99/15 dated 06/98 of the Additional Chief Engineer(Commercial) providing that charges are to be recovered from the consumer on the basis of rates prevailing from time to time according to plot size up to 200 sq. yd., energy charges were to be recovered through consumption by installing meters.
4. We have perused the impugned order and do not find any infirmity in the same as the appellant has failed to produce any notification as to the increase in the rates of charges. The aforesaid order is not a statutory order and does not form part of any rule or regulation. Charges are always governed by the terms of the contract which is @ Rs. 2/- per sq. yd. of the plot size.
5. Admittedly the plot size of the respondent is 200 sq. yd. and therefore the rate was applicable @ Rs. 2/- per sq. yd. The District Forum has specifically observed that the appellant has raised demand on the basis of increased rate from 2001 without having raised any tariff under the scheme nor having sought the clearance in this regard from the DERC i.e. Delhi Electricity Regulatory Commission. There is no merit in the appeal and the same is dismissed.
6. Bank Guarantee/FDR, if any furnished by the appellant, be returned forthwith.
7. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record room.
8. Announced on 19th day of September, 2007.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member ysc