Vipin Vig v. BSES Rajdhani Power Limited & Anr.

1. This hearing has been held by way of a video-conference.

2. The case of the Petitioner is that his electricity stands disconnected due to non-payment of dues. Mr. Kakar, ld. counsel for the Petitioner submits that his client is willing to make the payment in instalments and that he could not make the payments due to financial distress.

3. Mr. Fernandes, ld. counsel appearing for BSES Rajdhani Power Limited (hereinafter, “BSES”) submits that the Petitioner had defaulted in making payments in the past and refers to the awards dated 4th February, 2020 and 28th February, 2020 passed in proceedings before the Permanent Lok Adalat-II (hereinafter, “PLA”). Ld. counsel submits that even the agreed amount has not been paid by the Petitioner.

4. A perusal of the record shows that the Petitioner had chronically 2020:DHC:1800 defaulted in making the payment of electricity dues. The first award of the PLA dated 4th February, 2020 records the Petitioner’s consent to make payment of Rs.3,76,000/- in full and final settlement of the impugned bill of Rs. 4,67,630/-, on or before 28th February, 2020. However, due to the Petitioner’s default in making the said payment, the matter was again considered by the PLA. The award was modified and the Petitioner was permitted to pay a sum of Rs.4,00,000/- as full and final settlement, on or before 15th March, 2020. The Petitioner defaulted in making the said payment as well.

5. The defaults being admitted, under normal circumstances, the Petitioner would not have been entitled to any relief. However, after the announcement of the lock-down, it is clear that the Petitioner’s family, consisting of children and grand-children, would suffer immensely if electricity is not restored. Considering the current lock-down situation and the fact that the Petitioner would be even unable to arrange any funds, this Court is of the opinion that it can be quite difficult for a family to stay without electricity.

6. Accordingly, this Court extends the time for the Petitioner to make the payment of Rs. 4 lakhs, as per the following schedule:

(i) Rs.[1] lakh on or before 30th April, 2020.

(ii) Rs.[1] lakh on or before 30th May, 2020.

(iii) Rs.[2] lakhs on or before 15th July, 2020.

7. Upon payment of the first instalment of Rs.[1] lakh, Respondent No.1 shall restore the Petitioner’s electricity within 48 hours of deposit.

8. If the schedule as fixed above is not adhered to, Respondent No.1 is free to disconnect the electricity and take steps to recover the complete dues, without taking into consideration the awards passed by the PLA, in accordance with law. Regular payment of the monthly consumption charges shall continue without any default.

9. This order shall not be treated as a precedent as it is being passed under extenuating circumstances.

10. The writ petition is disposed of in the above terms. All pending applications are also disposed of.

PRATHIBA M. SINGH JUDGE APRIL 20, 2020 dk/T