Delhi High Court - Orders
Mahender Lal Malhotra vs Bses Yamuna Power Limited on 31 October, 2023
Author: Prateek Jalan
Bench: Prateek Jalan
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 14114/2023
MAHENDER LAL MALHOTRA ..... Petitioner
Through: Mr. Raghavendra Mohan Bajaj and
Mr. Kanan Agarwal, Advocates
with Ms. Neetu Malhotra.
versus
BSES YAMUNA POWER LIMITED ..... Respondent
Through: Mr. Rishabh Raj Jain, Advocate.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 31.10.2023 CM APPL. 55841-55842/2023 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 14114/2023 & CM APPL. 55840/2023 (ad-interim stay)
1. Issue notice. Mr. Rishabh Raj Jain, learned counsel, accepts notice on behalf of the respondent.
2. The petitioner had approached the Consumer Grievance Redressal Forum ["CGRF"] against bills raised by the respondent in respect of electricity consumption against CA Nos. 151409011, 100829272 and 100850312 in his property No. D-10, South Anarkali Street No. 1, Near Parwana Road, Krishna Nagar, Delhi-110052 ["subject premises"].
3. Two of the connections were domestic connections [CA Nos. 151409011 and 100829272] and one connection was a non-domestic W.P.(C) 14114/2023 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2023 at 23:08:10 connection [CA No. 100850312]. It is the contention of learned counsel for the petitioner that the non-domestic connection is being used for the ground floor of the subject premises, where commercial activity is conducted, and the domestic connections were used for the first and the second floor of the subject premises. Before the CGRF, the petitioner raised a dispute as to the correctness of the bills raised by the respondent. The CGRF rejected the petitioner's complaint but directed the respondent to waive the late payment surcharge from the petitioner's pending bills and directed re-connection of the petitioner's electricity supply upon payment of 50% of the pending bill amount and balance in three equal monthly instalments, alongwith current outstanding dues.
4. The petitioner has also since approached the civil court by way of a suit [C.S. 415/23], in which certain protective orders have been passed.
5. It is now the contention of the petitioner that the domestic connections have been disconnected and the petitioner is compelled to consume electricity for all three floors only from the non-domestic connection in the ground floor leading to enhanced billing.
6. While the petitioner's request for domestic connection in the first and second floor can be considered by the respondent in accordance with the applicable regulations, I am of the view that this can only be done if the petitioner complies with the orders of CGRF requiring him to make payment of the pending billed amount in the manner stated as well as dues. It is undisputed that the order of CGRF has not been challenged, and has attained finality.
7. The present situation, according to Mr. Raghavendra Mohan Bajaj, learned counsel for the petitioner, is that the outstanding amount in W.P.(C) 14114/2023 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2023 at 23:08:10 respect of the non-domestic connection is approximately Rs.2,25,000/-. Subject to the petitioner depositing a sum of Rs.50,000/- within two weeks from today and a further sum of Rs.50,000/- within six weeks thereafter, and paying current consumption charges in accordance with the bills raised, the existing connection [CA No. 100850312] will not be disconnected until the next date of hearing.
8. The respondent is directed to place on record the statement of accounts with regard to the petitioner's electricity connections and also state the conditions upon which domestic supply can be restored to the first and second floor of the petitioner's premises.
9. List on 15.01.2024.
PRATEEK JALAN, J OCTOBER 31, 2023 SS/ W.P.(C) 14114/2023 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 01/11/2023 at 23:08:10