State Consumer Disputes Redressal Commission
Praveen Kumar vs Bses Rajdhani Power Ltd. on 13 February, 2007
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b)of the Consumer Protection Act, 1986 ) Date of Decision: 13-02-2007 Appeal No. FA-793/2006 (Arising from the order dated 23-08-2006 passed by District Forum-X, Udyog Sadan, Institutional Area, New Delhi in Complaint Case No.269/2006) Shri Praveen Kumar, Appellant S/o Shri N.C. Aggarwal, Through R/o E-153, Forest Lane, Mr. Arvind Nayar, Neb Sarai, Advocate. New Delhi-110068. Versus BSES Rajdhani Power Limited, Respondent BSES Bhawan, Through Nehru Place, Mr. I.S. Alag with New Delhi-110019. Mr. Bhuwan & Mr. J.S. Lamba, Advocates. 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) Vide impugned order dated 23-08-2006 the application of the appellant seeking restoration/installation of the electricity meter in the premises in question was rejected. Feeling aggrieved, the appellant has preferred this appeal.
2. Perusal of the impugned order shows that the application was rejected mainly on two grounds. Firstly that the writ petition filed by the father of the appellant in respect of electricity connection which was being used by him in the premises was dismissed in default and as such the appellant was in the knowledge of this fact and therefore fraudulently applied for new electricity connection.
Secondly that there is a policy of the respondent not to grant electricity connections in unauthorized colony where the premises of the appellant are situated.
3. There is no dispute that the electricity connection in question was installed in the premises which was in the name of the appellant. However, later on it was removed within one month when the respondent came to know that it has been obtained in connivance with the then contractor working there as there was a bar of giving connection in the Saink Farms and his earlier application was also rejected.
4. Since the dispute involves the policy of the respondent which has to be taken into consideration by the District Forum we at this stage do not find it proper to allow the appeal merely because the respondent had installed the meter at the premises where the respondent was not supposed to install. However, the observation of the District Forum with regard to the appellant vis--vis fathers writ petition were uncalled for and were not relevant as it was an independent connection may be in the same premises or the adjacent premises.
5. The case of the father of the appellant was on different footing and was an independent case and therefore could not have been mixed up with the appellant so far as electricity connection in his name was concerned.
6. In the result, at this stage we do not feel inclined to interfere with the impugned order which is an interim order and the District Forum is directed to decide the matter positively within two months even if it has to be taken up on day to day basis without being influenced about the result of writ or pendency of the writ field by the father of the appellant in the High Court. It is further directed that the appellant shall be given liberty by the District Forum to produce the record pertaining to the electricity connections installed in the area where his premises are situated so as to controvert the stand of the respondent that there is a policy not to install electricity connection with regard the area in question.
7. Parties shall appear before the District Forum on 21-02-2007 for the aforesaid purpose.
8. Appeal is disposed of in aforesaid terms.
9. F.D.R./Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
10. 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.
11. Announced on the 13th February, 2007 (Justice J.D. Kapoor) President (Rumnita Mittal) Member jj