State Consumer Disputes Redressal Commission
Bses Yamuna Power Limited vs Jai Parkash Laxmi on 27 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: 27-02-2007 Appeal No. A-55/2003 (Arising from the order dated 19-07-2001 passed by District Forum(East), Saini Enclave, Delhi in Complaint Case No.299/1999) BSES Yamuna Power Limited Appellant Through its Chief Executive Officer, Through Nehru Place, Shakti Bhawan, Mr. Avinash Kumar, New Delhi. Advocate. Versus Jai Parkash Laxmi, Respondent R/D, 1/3008, Ram Nagar Through Shahdara, Delhi. Mr. K.S. Goswami, Advocate. 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 19-07-2001 the electricity bill raised on the allegations of misuse charges was quashed with the direction to the appellant to raise a revised bill after removing the misuse charges and late payment surcharge from the date of its imposition after giving due credit to the payment already made by the respondent. However, vide corrigendum order dated 07-02-2002 it was observed that in place of misuse charges the FAE be substituted.
2. The limited grievance o the appellant is that instead of removing misuse charges the appellant should have been directed to raise bill on the average basis for disputed periods preceding six months.
3. We have perused the record as well as the impugned order, The electricity bill raised by the appellant in dispute nowhere mentioned that the bill was raised on the basis of FAE. Bill was raised on the ground of misuse charges. There is statutory requirement of serving a show cause notice upon the consumer if the electricity bill is raised on the allegation of misuse charges so as to provide the consumer an opportunity of putting up his version and thereafter the authority concerned of the Electricity Company is required to pass a speaking order, the order dated 19-07-2001 was the proper order and there was no need for corrigendum.
4. There is no merit in the appeal. The same is dismissed.
5. F.D.R./Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
6. 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.
7. Announced on the 27th February, 2007 (Justice J.D. Kapoor) President (Rumnita Mittal) Member jj