Delhi District Court
Bses Rajdhani Power Ltd. vs . M/S Pacl India Ltd. on 3 February, 2020
IN THE COURT OF MS VANDANA JAIN
ADDITIONAL DISTRICT JUDGE07 (SE), SAKET COURTS
NEW DELHI
CS No.445/18
BSES Rajdhani Power Ltd. Vs. M/s PACL India Ltd.
In the matter of:
BSES Rajdhani Power Ltd.
Registered Office at:
BSES Rajdhani Power Lted.
BSES Bhawan, Nehru Place,
New Delhi110019
...........Plaintiff
VERSUS
M/s PACL India Ltd.
At: KH. No. 21/1, Near Bus Stand,
Main Road, Vill Jonapur,
New Delhi110047
......... Defendant
Date of Institution : 24.03.2018
Date of Judgment : 03.02.2020
JUDGMENT
1. Present suit is for recovery of Rs. 5,55464/ along with interest.
2. Brief facts of the case are that the defendant plaintiff had applied for non domestic electricity connection to run its business BSES Rajdhani Power Ltd. Vs. M/s PACL India Ltd. Page 1 of 4 and accordingly took the service of the plaintiff company. Defendant was the registered consumer of the electricity, bearing CA no. 100041815 at Kh. 21/1, Near bus stand, main road, Vill Jonapur, New Delhi110047. The instant suit is being filed by the plaintiff against the defendant to make payment for electricity charges which has accumulated to the tune of Rs. 5,55,464/ which the plaintiff is legally entitled thereto.
3. The default in payments of electricity bills by the defendant and arrears of electricity bills accumulated when on account of non payment of the electricity bill, the plaintiff was constrained to serve upon the defendant a notice of disconnection dated 20.09.2017 u/s 56 (1) of Electricity Act. Despite the same defendant did not turn up to pay the arrears of the electricity payment to plaintiff and the plaintiff plaintiff have no option except to disconnect the electricity at the said premises and finally disconnected the electricity in the said premises.
4. Final bill dated 10.10.2017 for a sum of Rs. 5,55,464/ was raised, the legal notice dated 30.05.2017 was also issued. However, BSES Rajdhani Power Ltd. Vs. M/s PACL India Ltd. Page 2 of 4 no reply was filed. By way of present suit a decree for Rs. 5,55,464/ has been sought.
5. The summons of the suit sent to the defendant was not served by way of ordinary mode and thereafter defendant was served by way of substituted service by way of publication in the two newspaper Hindi and English Edition. The defendant had not turned up despite service and failed to file the WS in order to contest the suit. Therefore plaintiff is entitled to a decree under O 8 R 10 CPC.
6. I have heard the arguments and have perused the record carefully.
7. The list of documents i.e. copy of general power of attorney, copy of account statement with current consumption and billing details maintained by the plaintiff during the service provided to the defendant, copy of notice u/s 56(1) of electricity Act,2003 for disconnection of electricity supply dated 01.07.2017, copy of final bill due dated 31.07.2017, copy of legal notice dated 30.05.2017, certificate under sec.65B of Indian Evidence Act had been filed. BSES Rajdhani Power Ltd. Vs. M/s PACL India Ltd. Page 3 of 4 The suit is within limitation as the last payment was made by defendant on 13.05.2015 and the present suit is filed in March 2018. The suit has been filed within the territorial jurisdiction of this court as the office of the plaintiff company is situated in Nehru Place and the cause of action had partly arisen therein as per para 14 of the plaint which has not been disputed.
8. Therefore, suit is decreed in favour of plaintiff and against the defendant for a sum of Rs. 5,55,464/ alongwith simple interest @ 9% from the date of filing of suit till realization along with cost of suit. Ordered accordingly.
9. Decree sheet be prepared accordingly. File be consigned to Digitally signed by Record Room after due compliance. VANDANA VANDANA JAIN Announced in the open JAIN Date:
2020.03.18 16:33:09 court on 03.02.2020 +0530 (VANDANA JAIN) ADJ07/SE/SAKET COURTS/ NEW DELHI/03.02.2020 BSES Rajdhani Power Ltd. Vs. M/s PACL India Ltd. Page 4 of 4