Kaushalya v. Delhi Electricity Regulatory Commission and Anr.

Delhi High Court · 14 Dec 2021 · 2021:DHC:4168
Sanjeev Sachdeva
W.P.(C) 14265/2021
2021:DHC:4168
administrative appeal_allowed

AI Summary

The Delhi High Court allowed restoration of electricity supply via prepaid connection pending resolution of disputed bills by the Consumer Grievance Redressal Forum, subject to partial payment by the petitioner.

Full Text
Translation output
W.P.(C) 14265/2021 1
HIGH COURT OF DELHI
JUDGMENT
delivered on: 14.12.2021
W.P.(C) 14265/2021&CM. APPL. 44952/2021
KAUSHALYA ….. Petitioner
versus
DELHI ELECTRICTY REGULATORY COMMISSION AND ANR.
…..Respondent
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
Advocates who appeared in this case:
For the Petitioner: Ms. Kawalpreet Kaur and Mr. Haider Ali, Advocates.
For the Respondent: Mr. Sanjeev Mahajan, Advocate for respondent No.1 (Through
VC)
Mr. Subham Sharma, Advocate for respondent No.2 (Through
VC)
CORAM:-
JUDGMENT

1. Petitioner seeks restoration of the electricity supply to the petitioner’s house i.e. jhuggi number M-1, Railway Colony, Gulabi Bagh, Lajpat Nagar, New Delhi. Petitioner further seeks quashing of electricity bills that have been raised in the sum of Rs.43,290/-. SANJEEV SACHDEVA, J. (ORAL)

2. Learned counsel for the petitioner submits that petitioner is a jhuggi dweller and there is hardly any electricity consumption and the pattern of consumption for the past shows a very negligible consumption. 2021:DHC:4168 W.P.(C) 14265/2021 2

3. She submits that from 23.12.2019, no bill was being received by the petitioner till a bill was received in August, 2021, claiming an amount of Rs.38,000/-, which has now gone up to Rs.43,290/-.

4. Learned counsel submits that no person had come to take the meter reading and subsequently on 22.09.2021, the meter was disconnected and removed from the premises.

5. She further submits that the petitioner has school going children, who on account of ongoing pandemic, are attending classes through online mode and because of disconnection of electricity supply, their studies are being affected.

6. Issue Notice. Notice accepted by learned counsel appearing for Respondent No. 1 and Respondent No. 2.

7. Learned counsel for respondent No. 2 submits that as petitioner is raising a billing dispute, the same would be amenable to jurisdiction of Consumer Grievance Redressal Forum (CGRF).

8. Learned counsel for the petitioner submits that the petitioner is willing to approach CGRF, subject to petitioner being granted a temporary pre-paid meter.

9. Learned counsel for respondent No.2 under instructions submits that they have no objection to the same, provided petitioner pays some amount towards the disputed bill.

10. Learned counsel for the petitioner submits that petitioner, under the W.P.(C) 14265/2021 3 scheme of Government of NCT of Delhi is entitled to free electricity upto 200 units per month and over and above that petitioner is willing to pay for the electricity consumed. Accordingly, she submits that the petitioner shall pay a sum of Rs.12,000/- in three equal monthly instalments. The first instalment being paid within one week from today.

11. Petition is accordingly disposed of with liberty to the petitioner to raise a grievance before the CGRF with regard to the electricity bills within a period of four weeks from today.

12. Further, without prejudice to the rights and contentions of the parties, Petitioner shall pay a sum of Rs. 12,000/- towards the outstanding demand in three equal monthly instalments.

13. On petitioner paying the first instalment of Rs. 4,000/- and complying with the other codal formalities, respondents shall grant a prepaid electricity connection to the petitioner.

14. It is clarified that this would further be subject to the orders to be passed by CGRF.

15. Petition is disposed of in the above terms.

3,009 characters total

16. Order dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J. DECEMBER 14, 2021