Delhi District Court
Tata Power Delhi Distribution Limited vs Prakash on 23 July, 2016
Suit No.9988/16
IN THE COURT OF Ms. MONA T. KERKETTA,
CIVIL JUDGE5, WEST, TIS HAZARI COURTS, DELHI
CNR No.DLWT030010792014
In Re. :
Tata Power Delhi Distribution Limited
(Formerly North Delhi Power Limited)
33 KV Grid Sub Station Building,
Hudson Lane, Kingsway Camp,
Delhi110009.
...............Plaintiff
Versus
Prakash
S/o Sh. Rajendra Prasad,
H.No.2632, Shop No.9,
Kh. No.399, Lower Ground Floor,
Mandir Wali Gali, Village Shadi Khampur,
New Delhi110008.
........... Defendant
SUIT FOR RECOVERY OF Rs. 48,720/
Date of institution of the suit : 30.09.2014
Order reserved on : 23.07.2016
Date of Judgment : 23.07.2016
EXPARTE JUDGMENT
1.In the plaint, it is stated that the defendant is the registered Suit No.9988/16 Tata Power Delhi Distribution Ltd. Vs. Prakash Page No.1/6 Suit No.9988/16 consumer of the plaintiff company in respect of electricity connection bearing K.No./CA No.60013788116 installed at H.No.2632, Shop No.9, Kh. No.399, Lower Ground Floor, Mandir Wali Gali, Village Shadi Khampur, New Delhi110008, with a sanctioned load of 4 KW.
2. It is further stated that at the time of grant/installation of the above said connection, defendant undertook to pay all the electricity charges on the basis of electricity consumed against the said connection and since the electricity connection is in the name of defendant, he is duty bound to pay the bills raised by the plaintiff company from time to time on account of electricity supplied and in case of default in making the payment of bills, the defendant is under legal and statutory obligation to pay late payment surcharge on the outstanding dues as per the DERC Regulation, applicable from time to time.
3. It is further stated that after energization of electricity connection at his premises, the defendant was using the aforesaid electricity connection but deliberately and intentionally failed to pay the bills raised by the plaintiff company against the services availed by the defendant. It is further stated that as on 23.09.2014, dues to the tune of Rs.48,720/ have accumulated, which the plaintiff company has a right to recover along with payment of surcharge.
4. It is further stated that the plaintiff also got served legal notice dated Suit No.9988/16 Tata Power Delhi Distribution Ltd. Vs. Prakash Page No.2/6 Suit No.9988/16 28.08.2014 calling upon the defendant to pay the outstanding dues of Rs.45,664/ at that time, but the defendant failed to pay the same. The defendant is illegally withholding the outstanding bill of Rs.48,720/, for which he is liable to make the payment by the due date. It is further stated that the plaintiff is entitled to recover the said amount with all applicable charges and further bills raised by the plaintiff along with pendentelite and future interest @ 18% p.a. from the date of filing of the suit till the date of actual realization of the amount. Hence, the present suit has been filed for recovery of Rs.48,720/ along with interest @ 18% per month and costs of the suit.
5. Defendant failed to appear before the court despite being served by way of publication in the newspaper Veer Arjun dated 04.12.2015 and opportunity to file written statement, therefore, vide order dated 18.02.2016, he was proceeded ex parte.
6. In support of its case, plaintiff examined Sh. Gautam Jay Prakash, Manager (Legal) of plaintiff as PW1, who tendered his evidence by way of affidavit, which is ExPW1/A, bearing his signatures at point A & B and also relied on following documents :
(a) Power of attorney dated 01.10.2012 : Ex. PW1/1;
(b) Copy of board resolution dated 01.03.2012: Mark A;
(c) Copy of power of attorney dated 01.10.2012 in favour of previous AR : Mark B; Suit No.9988/16 Tata Power Delhi Distribution Ltd. Vs. Prakash Page No.3/6 Suit No.9988/16 (d) Legal notice dated 28.08.2014 : Ex. PW1/4.
The plaintiff also examined Sh. Praveen Gupta, HOG R & C, Tata Power Delhi Distribution Limited, District Office Moti Nagar, New Delhi, as PW2, who tendered his evidence by way of affidavit, which is ExPW2/A, bearing his signatures at point A & B and also relied on following documents :
(a) Certificate u/s 65B of Indian Evidence Act : Ex. PW2/1;
(b) Final electricity bill dated 24.04.2014 : Ex. PW2/2;
(c) Statement of account of CA no.60013788116 from March 2013 to January 2014 : Ex. PW2/3; (d) Connection details of CA no.60013788116 : Ex. PW2/4.
7. The court heard the arguments of learned counsel for the plaintiff and perused the record with his assistance.
8. PW1/plaintiff gave similar deposition to the contents of the plaint.
The plaintiff filed power of attorney dated 01.10.2012 and board resolution which are Ex.PW1/1 and Mark A respectively, which record the fact that PW1 was duly authorized by the plaintiff company to contest the suit. The deposition of PW1 in this regard proves on record that he was a competent witness. Legal notice dated 28.04.2014, which is Ex.PW1/4, was also brought on record which records the fact of non payment of outstanding bills of Rs.45,664/ by the defendant.
9. PW2 also deposed in consonance with the facts mentioned in the Suit No.9988/16 Tata Power Delhi Distribution Ltd. Vs. Prakash Page No.4/6 Suit No.9988/16 plaint. He deposed that the records of electricity connection allotted to the defendant was maintained by him. He proved copy of Add On electricity bill which is Ex.PW2/2 amounting to Rs. 48,720.00 as on 23.09.2014, copy of statement of account for the period of March 2013 to January 2014 which is Ex.PW2/3 containing details such as sanction load, readings, consumption, fixed charges, subsidy, current LPSC, UUE Flag, arrears, installments etc.
10. The copy of connection details which is Ex.PW2/4 issued in the name of the defendant was also brought on record. PW2 also proved certificate u/s 65B of the Indian Evidence Act bearing his signatures at point A which is Ex.PW2/1 in support of computer generated documents placed on record.
11. The present suit is within limitation as the same has been filed on 30.09.2014. The plaintiff has claimed payment of interest @ 18% per annum from the date of filing of the suit till the date of actual realization of the decreetal amount. As per tariff of the plaintiff company placed on record, the rate of interest payable in case of non payment is 18% per annum .
12. Accordingly, the suit of the plaintiff is decreed in its favour and against the defendant for the amount of Rs.48,720/ (Rupees Forty Eight Thousand Seven Hundred and Twenty only) with interest at the rate of Suit No.9988/16 Tata Power Delhi Distribution Ltd. Vs. Prakash Page No.5/6 Suit No.9988/16 18% per annum from the date of filing of the suit till the date of actual realization of the decreetal amount. Costs of the suit also be paid.
13. Decree sheet be prepared accordingly and file be consigned to Record Room.
Announced in the open court
On 23.07.2016 (Mona T. Kerketta)
Civil Judge05/West/THC
Delhi
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