Delhi District Court
Through vs Asha Alagh on 29 July, 2016
IN THE COURT OF SH. SIDHARTH MATHUR,
SCJ Cum RC (NORTH), ROHINI COURTS, DELHI.
M/s. TATA POWER DELHI DISTRIBUTION LTD.
(Formerly North Delhi Power Limited)
33 KV Grid Sub Station Building,
Hudson Lane, Kingsway Camp,
Delhi - 110009.
........ Plaintiff
Through
Sh. Abhinav Singla,
Advocate
VERSUS
ASHA ALAGH
W/o Ashok Kumar Alagh
Plot No. 58, Ground Floor,
Pocket - G, Sector - 5,
Bawana DSIDC,
Delhi - 110039.
....... Defendant
Through
NEMO.
JUDGEMENT
1. UID No. : 36942/16.
2. Under Section : Recovery Suit.
3. Date of Institution : 15.01.2016.
4. Date of Final Order : 29.07.2016.
5. Final Order : Decreed.
(CS No. 121/16) (Page No. 1 /3 )
BRIEF FACTS
1. The plaintiff is a Limited Company responsible for supplying electricity in Delhi. The defendant was its consumer via CA No. 60014378198. The bill Ex. PW1/2 dated 02.08.2013 of Rs. 7988.80 was raised against her, which remained unpaid. Despite repeated reminders, the arrears remained as they were and hence, the present suit for recovery of the dues came into being on 15.01.2016.
2. The summons were issued to the defendant. She was served on 18.04.2016 vide affixation. However, she never appeared and hence was proceeded ex parte on 05.07.2016. She remained ex parte thereafter.
TRIAL
3. In its ex parte evidence, the plaintiff examined its AR PW-1 Avdesh Singh Baduria via affidavit Ex. P1 wherein he reiterated the contents of the plaint. He also proved his POA Ex. PW1/1 ; accounts statement Ex. PW1/3 of the defendant and certificate u/s 65 B Evidence Act Ex. PW1/4.
He was not cross-examined since the defendant remained ex parte.
FINDINGS
4. The testimony of PW-1 has gone unrebutted in absence of any cross-examination. His testimony clearly proves that the defendant was the consumer of the plaintiff and was in arrears as per bill Ex. PW1/2.
(CS No. 121/16) (Page No. 2 /3 )
RELIEF
5. For the reasons assigned herein above, a decree for the recovery of Rs. 7988.80/- along with pendente lite and future interest @ 10% per annum is passed in favour of the plaintiff and against the defendant.
The plaintiff is also awarded the costs of the suit. Decree sheet be accordingly prepared.
File be consigned to record room after due compliance. Announced in the Open Court on 29.07.2016 (SIDHARTH MATHUR) SCJ-cum-RC (North), Rohini, Delhi.
(CS No. 121/16) (Page No. 3 /3 )