Before the District Consumer Dispute Redressal Commission [Central District] - VIII, 5th Floor Maharana Pratap ISBT Building, Kashmere Gate, Delhi
Complaint Case No.199/11.08.2017
Inder Kumar
r/o 31, Hathi Khan, Bahadurgarh Road, Delhi …Complainant
Versus
BSES Yamuna Power Limited
Aram Bagh, Paharganj, New Delhi-110006
through its General Manager/CEO ...Opposite Party
Date of filing: 11.08.2017
Coram: Date of Order: 01.08.2024
Shri Inder Jeet Singh, President
Ms Rashmi Bansal, Member -Female
FINAL ORDER
Inder Jeet Singh , President
It is scheduled today for order (item no.)
1.1. (Introduction to case of parties) –The complainant Sh. Inder Kumar has grievances of deficiency of services against OP/BSES Yamuna Power Ltd. the complainant had made request along-with documents to change electricity connection in his name from the name of Mrs. Afshana Rehman since the complainant had purchased a built up premises on second floor (DESU side) in property no. 31, Hathi Khana, Azad Market, Delhi-110006 from her but the OP failed to change the electricity meter in the name of complainant. Besides electricity bills are being sent with arrears despite all the bills were paid by the complainant. That is why the complaint to restrain the OP from sending imaginary bills, to change electricity connection/meter in the name of complainant, compensation of Rs. 50,000/- in lieu of harassment and mental agony and Rs. 25,000/- towards legal expenses. The electricity connection/meter bears CA no. 150282141.
1.2. Whereas, the complaint is opposed vehemently that neither there is deficiency of services nor there is any cause of action in favour of the complainant and against the OP, since complainant Inder Kumar is not registered consumer of electricity connection but it is in the name of Ms. Afshana Begum. Initially, the electricity connection was in the name of Sh. Hari Ram and it was transferred with due amount in the name of Smt. Afshana Bagum by following DERC Supply and Performance Code 2007 read with the provisions of Electricity Act 2003 as well as principle of natural justice. The complainant has no locus standi to file the complaint since he is unregistered consumer as well as the documents being relied upon are also unregistered documents.
2.1. (Case of complainant) –Mrs. Afshana Rehman developed a built up premises of three floors, out of them the complainant purchased second floor (DESU side) in property no. 31, Hathi Khana, Azad Market, Delhi-110006 from her by general power of attorney and agreement to sell of 08.02.2013 ( but date was mentioned as 08.02.2016 in para 4 of the complaint). The seller also took new electricity residential connections in the said property.
The complainant applied to OP for change of connection no. 150282141 by furnishing all the documents as per requirements but till today the name has not been changed for the reason best known to the OP. Moreover, the complainant has been paying the electricity bill regularly raised by the OP from the inception of purchase of the property/premises.
2.2. However, the OP has been raising imaginary electricity bill from 2016 till date beside sending threat letter dated 20.09.2016 & 07.11.2016 for disconnection of electricity supply in the premises. The paragraph 8 to 12 of the complaint enumerates amounts of bills with bills date of 20.09.2014, 24.11.2014, 16.11.20015, 16.11.2015, 15.02.2016, 16.03.2016, 19.12.2016, 17.02.2017, 18.03.2017 & 17.07.2017. However, the complainant wrote letters/requests dated 22.04.2016 and 18.06.2016 by post while requesting the OP, besides meeting the officers of OP, to stop raising imaginary bills immediately but all went in vain.
The OP sent disconnection letter dated 23.03.2015 in the name of Ms Afshana Rehman in respect of connection no. 100464112 and raised bill of amount of Rs. 46,258/- in the name of Hari Ram. The OP also sent another disconnection letter dated 20.09.2016 in the name of Ms. Afshana Rehman in respect of CA. No. 150282141 while raising outstanding bills of Rs. 49,500/- followed by another letter dated 07.11.2016 in the name of Ms. Afshana Rehman in respect of CA. No. 150282141. The OP has been raising the imaginary bills unnecessarily and also sending threat letters to disconnect the connection despite the complainant had paid consumption bills from time to time; the complainant’s requests in writing, oral, telephonically as well as reminders were not bothered by the OP. The complainant has been fed up with all these acts and deeds of OP, it has caused great mental pain, agony and harassment to the complainant. Therefore, the complainant sent legal notice dated 28.03.2017 to the OP to restrain from such acts but no result. That is why the complaint.
2.3 The complaint is accompanied with copies of – general power of attorney and agreement to sell dated 08.02.2013, electricity bills referred above, letter dated 20.04.2016, 09.3.2016, 18.06.2016, OP’s notice dated 23.07.2015, 20.09.2016, 07.11.2016 and legal notice dated 28.03.2017.
3.1 (Case of OP)-The OP opposes the complaint that since there is Consumer Grievances Redressal Forum established u/s 42 (5) of Electricity Act 2003, therefore, the complaint is not maintainable before the Consumer For a for want of jurisdiction.
The complainant has no locus standi to file the complaint since he is not registered consumer of the electricity connection CA. 150282141 at 31, Second Floor, Hathi Khana, Bahadurgarh Road, Near DESU Office, Delhi 110006 , it is in the name of Smt. Afshana Begum. The complainant misled the Consumer Fora by projecting to be registered consumer of electricity connection, on which dues of connection CA. No. 100464112 in the name of Sh. Hari Ram were transferred.
3.2. There were dues of electricity connection in the name of Hari Ram and same were transferred in the name of Smt. Afshana Begum after following the procedure as laid down in DERC Supply and Performance Code 2007 r/w Electricity Act 2003; the principles of natural justice were also followed before transferring of dues in the name of Ms. Afshana Begum.
The complainant himself admits that Afshana Begum is a registered consumer of electricity connection and he purchased the property of second floor from her but produces unregistered agreement to sell and GPA in his favour but the same are not proper proof of ownership as per law. Therefore, he has no locus standi to file the complaint. In admission, as per record available, the complainant never applied for change of CA in his name to the OP nor any application number is furnished/attached to prove that he had actually applied for change of electricity connection from the name of Ms. Afshana Begum to the name of Inder Kumar. The complainant is liable to be dismissed being without cause of action.
3.3 The reply is accompanied with order dated 11.02.2016 regarding transfer of dues in the name of Ms. Afshana Begum from disconnected electricity CA. No. 100464112 to the CA. No. 150282141, show cause notice dated 22.12.2015 for transfer of dues, notice dated 23.07.2015, due transfer of divisional energy bill, physical verification sheet, final disconnected electricity bill dated 30.07.2015 in the name of Hari Ram, upto date electricity bill of 28.07.2015 in the name of Afshana Begum.
4. (Replication of complainant) –The complainant filed rejoinder as a reply to the allegation of written statement and he reaffirms the complaint correct and denies the allegations of written statement.
5.1. (Evidence)- The complainant led his evidence by filing his affidavit with the support of documents annexed with the complaint.
5.2. The OP also led its evidence by filing affidavit of Shri Mandeep Singh Rayet, Deputy General Manager – YPL of OP; the affidavit of evidence is replica of written statement of OP.
6.1 (Final hearing)- Both the parties filed their respective written arguments, following by oral submission by Shri S.K Roy, Advocate for complainant and Ms. Vasudha Arora, Advocate for OP.
6.2. It does not require to reproduce the rival contention of the parties, since the detail of case of the parties have already been given in paragraphs 2 & 3 above.
7.1 (Findings) - The case of parties, their evidence and rival contentions are considered keeping in view the material on record and provisions of law.
7.2. The OP has reservation that since there is a provision for establishment of Consumer Grievances Redressal Forum pursuant to section 42 (5) of the Electricity Act 2003, therefore, the District Consumer Disputes Redressal Commission lacks the jurisdiction on the subject of present dispute. However, the reasons of OP are misplaced, firstly section 3 of the Consumer Protection Act 2016 provides that the provisions of Consumer Protection Act 1986 are in addition to and not in derogation of the provisions of any other law for the time being in force; secondly there is no bar by virtue of section 42 (5) of the Act 2003 to oust the jurisdiction of present Commission in respect of consumer dispute. Therefore, the present Consumer Fora/Commission has jurisdiction and is competent to decide the consumer dispute.
7.3. So far other aspects are concerned, after taking into account facts and other material on record in the light of statutory provisions of the law, the following conclusions are drawn:-
(i) On plain reading of the documentary record of the parties, it manifests that initially there was electricity connection [CA. No. 100464112] in the name of Sh. Hari Ram but it was disconnected and the dues of such connection were transferred in the new connection no. 150282141 in the name of Smt. Afshana Begum, after following the procedure of notice as well as due transfer detail. To say, the OP has proved the notices and order regarding transfer of dues in the name of Smt. Afshana Begum and the same are not disputed by the complainant for want of other contrary evidence. The new connection bears CA no. 150282141 in the name of Smt. Afshana Begum,
(ii) The complainant has proved that he is having agreement to sell in respect of second floor, right side portion in property bearing no. 31, Hathi Khana, Azad Market, Delhi-110006 and power of attorney in his favour from Mrs. Afshana Rehman. These documents are of 08.02.2013 on non-judicial stamp paper on 04.01.2013.
(iii) Further, the electricity connection is subsisting in the name of Mrs. Afshana Begum and electricity consumption bills were being raised in the name of Afshana Begum. There is no documentary record proved by the complainant that he had filed application with record and the transfer fee for change of name of electricity connection/meter in his name from the name of Mrs. Afshana Begum.
(iv) The said Mrs. Afshana Begum is the registered consumer of electricity connection no. CA 150282141 in the record of OP and the complainant is not a registered consumer. Section 2(15) of the Electricity Act, 2003 defines 'consumer' to be a person who is supplied the electricity for his own use by a licensee or the Government and it includes any person whose premises is for the time being connected for the purposes of receiving the electricity with the works of licensee or the Government as the case may be.
The complainant supports his case that there is general power of attorney and agreement to sell in his favour from Mrs. Afshana Rehman w.e.f. 08.02.2013 and there is electricity connection in that premises. It establishes that there is regular electricity connection in the said premises.
(v) The complainant has been claiming that since the purchase of said premises on 08.2013 he has been paying the electricity bills from time to time besides applying for change of connection in his name. However, the complainant has not proved any bill payment receipt(s) or record that the electricity bill amounts were being paid by him from time to time in respect of said connection subsisting in the name of Mrs. Afshana Begum/Rehman
He has also not proved other record that he had furnished the application for change of connection in his name along-with requisite fees/transfer fee and documents.
In view of the above, it does not make out case of deficiency of services on the part of OP, therefore, the complainant could not prove the complaint against OP. The complaint fails. The complaint is dismissed. There is no order as to costs.
8. Announced on this 1st day of August, 2024 [श्र!वण 10, साका 1946]. Copy of this Order be sent/provided forthwith to the parties free of cost as per rules for compliances, besides to upload on the website of this Commission.
[Rashmi Bansal]
Member (Female)
[Inder Jeet Singh]
President
[ijs]
