Appeal No. A-2009/306

(Arising from the order dated 24.03.2009 passed by District Forum(Central) Kashmere Gate, Delhi, in Complaint Case No.764/2006)

Sh. Khem Chand Jain … Appellant/Complainant

14/4460, New Cloth Market, in person

Main Road, Pahari Dhiraj,

Sadar Bazar, Delhi

Versus

BSES Yamuna Power Limited …. Respondent/OP
Aram Bagh Sub Station No.IV,
Aram Bagh, Pahar Ganj,
New Delhi

CORAM

Justice Barkat Ali Zaidi ... President

Sh. M.L. Sahni … Member

1. Whether reporters of local newspapers be allowed to see the judgment?

2. To be referred to the Reporter or not?

Justice Barkat Ali Zaidi, President(ORAL)


1. Short facts of the case are that the OP BSES Yamuna Power Limited disconnected the electricity connection of the complainant. The complainant therefore filed a complaint before District Forum stating the OP had disconnected electricity supply illegally despite no dues outstanding. The OP opposed the claim of the complainant pleading that the connection was discontinued in 1991 and there was theft of the meter and that the connection was earlier in the name of one Sh. A.C. Jain from whom the complainant had purchased the property and since the transferee the complainant had not fulfilled the formalities of new connection, the OP disconnected the supply by removing the meter in the year 1996.

2. District Forum toeing the earlier decisions of this Commission in this behalf that the commercial formalities are not required to be completed again for restoration of an electricity connection and the OP at the most could ask for charges for a new meter or the security thereof, directed the complainant to deposit the cost of the meter or the security of the meter for its fresh installation.

3. Aggrieved by this decision, the complainant has come in appeal here.

4. We have heard the appellant present in person.

5. The contention of the complainant is that pursuant to the order passed and the direction given he had approached the Manager of the OP with an application stating that even if OP requires a fresh security he is ready to deposit, subject to his claim, but the Manager of the OP refused to accept the application and the deposit. His further contention is that the OP is not obliged to pay charges for a new meter or the security thereon for restoration of the electric supply in a house which had already electric supply, before he purchased it in the year 1996.

6. We do not find any merit in the submission of the complainant that he is not obliged to pay for the new meter or the security thereof for restoration of the supply in his premises. District Forum toeing so many decisions of this Commission in this behalf and taking into account all the facts and circumstances of the case has directed the OP to restore the supply, after getting the deposit of the charges for a new meter or the security in lieu thereof. The District Forum cannot therefore be faulted on any count in imposing this condition on the complainant for obtaining restoration of electric supply from the OP.

7. His other contention that he had been to the Manager of the OP with an application dated 21.04.2009 copy of which has been filed with the memo of appeal is also devoid of any substance. If the Manager had refused to oblige, it was upon the complainant to send this application under registered cover to the OP.

8. The appeal has therefore no substance and is therefore dismissed at this preliminary stage of admission in limine.

9. 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.

10. Announced on the 03rd day of November 2009.