Delhi District Court
Bses Rajdhani Power Ltd vs Ms. Kamla Devi on 1 November, 2022
IN THE COURT OF SENIOR CIVIL JUDGE-CUM-RENT CONTROLLER,
SOUTH-EAST DISTRICT, SAKET COURTS, DELHI
Presided By: Ms. Deepti Devesh, DJS
Civil Suit No: 1479/19
BSES Rajdhani Power Ltd.
Registered Office at:
BSES Rajdhani Power Ltd.,
BSES Bhawan, Nehru Place,
New Delhi-110019.
... Plaintiff
Versus
Ms. Kamla Devi
W/o Sh. Lazze Ram
R/o RZ-4, Ground floor,
KH. No.31/23/1,
Village-Matyala, Uttam Nagar,
New Delhi-110059. ... Defendant
SUIT FOR RECOVERY OF Rs 81,920/- ALONG
WITH INTEREST & COST
DATE OF INSTITUTION:02.09.2019
DATE OF ARGUMENTS: 13.09.2022
DATE OF ANNOUNCEMENT: 01.11.2022
JUDGMENT
Plaintiff's case:
1. The plaintiff has filed this suit against the defendant, seeking recovery of (a) Rs 81,920/-; (b) pendente-lite and future interest at 18% p.a., and (c) costs of the suit.
CS SCJ 1479/19 BSES RAJDHANI POWER LTD. Vs. KAMLA DEVI PAGE NO. 1 OF 5
2. The case of the plaintiff as discernible from the plaint and the documents filed along with the plaint of this suit is that the plaintiff, BSES Rajdhani Power Ltd. is a licensee under the Delhi Electricity Reforms Act, 2000 for distribution of electricity in south and south-west Delhi and accordingly, supplied electricity to consumers across the said areas having its registered office at above said address.
This suit has been filed by the plaintiff through Sh. Narender Singh DGM(Legal), who is duly authorized to sign, verify and institute this suit on behalf of the plaintiff company vide GPA executed on 24.12.2018.
3. It is averred that the defendant had applied for non domestic electricity connection. It is further stated that defendant was the Registered Consumer (RC) of electricity, bearing CA No.150289419 at the above-mentioned address. As per the plaintiff, defendant defaulted in making payment of electricity charges to the tune of Rs 81,920/- accumulated towards electricity bills. Plaintiff states that during the course of supply of electricity to the defendant, it regularly raised the bills and also maintained the running sheet qua CA No.150289419. It is stated that despite repeated reminders to make due payment no payment was made and the plaintiff was constrained to raise the final bill due by 05.03.2019, for an amount of Rs 81,920/-. In this regard, plaintiff company had served a legal notice dated 20.03.2019, upon the defendant but defendant failed to make the payment of the same. It is, thus, claimed that the plaintiff company is entitled to recover from the defendant, a sum of Rs 81,920/- along with interest at 18% and costs. Hence, the present suit.
4. The summons of this suit was ordered to be issued qua the defendant, on 05.09.2019. However, despite service of summons by substituted mode on the CS SCJ 1479/19 BSES RAJDHANI POWER LTD. Vs. KAMLA DEVI PAGE NO. 2 OF 5 defendant on 07.06.2022, defendant failed to appear before the court and was proceeded ex-parte vide order dated 13.09.2022. Thereafter, matter was listed for ex-parte evidence of the plaintiff.
Plaintiff's Evidence:
5. Counsel for the plaintiff company had relied upon judgment Satya Infrastructure Ltd. & Ors. Vs. Satya Infra & Estates Pvt. Ltd., CS(OS) 1213/2011 whereby Hon'ble High Court of Delhi has held as follows:
"5. I am of the opinion that no purpose will be served in such cases by directing the plaintiffs to lead ex-parte evidence in the form of affidavit by way of examination-in-chief and which invariably is a repetition of the contents of the plaint. The plaint otherwise, as per the amended CPC, besides being verified, is also supported by affidavits of the plaintiffs. I fail to fathom any reason for according any additional sanctity to the affidavit by way of examination-in- chief than to the affidavit in support of the plaint or to any exhibit marks being put on the documents which have been filed by the plaintiffs and are already on record."
6. In view of the aforesaid judgment, since no purpose would have been served by leading ex-parte evidence in the present matter, hence the same was dispensed with vide order dated 13.09.2022.
Findings:-
7. In order to adjudicate upon this suit, Ld. Counsel for plaintiff company had advanced final arguments. During the course of arguments, counsel for plaintiff company had inter-alia submitted that the case of the plaintiff company stands duly proved by virtue of unchallenged suit filed on behalf of the plaintiff company and CS SCJ 1479/19 BSES RAJDHANI POWER LTD. Vs. KAMLA DEVI PAGE NO. 3 OF 5 the annexed documents therewith and as such, the plaintiff company should be granted the decree, as prayed for.
8. Plaintiff has pleaded that the transactions took place at registered office of the plaintiff company at Nehru Place, New Delhi. Therefore, this Court has territorial jurisdiction to try the present matter.
9. Further, the present suit has been filed within the prescribed period of limitation. As per the last bill placed on record on behalf of the plaintiff, the same is due by 04.09.2019 and the present suit has been filed on 02.09.2019 i.e. within three years from the said date.
10. The defendant has not appeared to contest the present suit and the suit of the plaintiff company has remained uncontroverted and unrebutted. Thus, the unchallenged suit of the plaintiff company supported by the aforesaid documents has established the liability of defendant to pay the arrears of electricity bills along with interest and costs, to the plaintiff company.
11. The claim of the plaintiff stands established from the documents placed on record i.e. Bill due by 04.03.2019 for Rs 81,920/-, legal notice for recovery dated 20.03.2019, issued by the plaintiff to the defendant. In view thereof, the plaintiff is entitled to recover the suit amount. The suit of the plaintiff is decreed for a sum of Rs 81,920/- i.e. the outstanding amount as shown in electricity bill due by 04.03.2019.
12. In respect of the quantum of interest claimed by the plaintiff, the plaintiff company has sought the relief of interest at the rate of 18% per annum. In my view, CS SCJ 1479/19 BSES RAJDHANI POWER LTD. Vs. KAMLA DEVI PAGE NO. 4 OF 5 the claim of the plaintiff qua interest is excessive and in the facts and circumstances of this suit, the ends of justice would be met, if the plaintiff company is granted pendente lite and future interest at the rate of 6% per annum.
13. Thus, as a net result of the aforesaid, this suit is decreed in favour of the plaintiff company and against the defendant. It is held that the plaintiff is entitled to recover from the defendant, the outstanding amount of Rs 81,920/- along with pendente-lite and future interest at the rate of 6% per annum. No order as to costs.
14. After preparation of the decree sheet by the Reader, the file shall be consigned to the record room.
Typed directly on court computer
and Announced in the Open Court
on 01.11.2022 (Deepti Devesh)
Senior Civil Judge-cum-Rent Controller
South East, Saket Courts, New Delhi
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