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2021 Supreme(Del) 1295

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Sachdeva, J.
Kaushalya - Appellant
Versus
Delhi Electricty Regulatory Commission & Anr. - Respondents
Civil Writ Petition No. 14265 of 2021, Civil Miscellaneous Application No. 44952 of 2021
Decided On : 14-12-2021

Advocates appeared:
Kawalpreet Kaur, Advocate, Haider Ali, Advocate, Sanjeev Mahajan, Advocate, Subham Sharma, Advocate

Balancing the need for electricity with disputed bills, entitlement to free electricity under the scheme of Government of NCT of Delhi, and the jurisdiction of the Consumer Grievance Redressal Forum.

Headnote:

Electricity Supply - Jhuggi Dweller - The court disposed of the petition by granting the petitioner a temporary pre-paid meter and allowing them to raise a grievance before the Consumer Grievance Redressal Forum with regard to the electricity bills. The petitioner was also directed to pay a sum of Rs. 12,000 towards the outstanding demand in three equal monthly installments.

Fact of the Case:

The petitioner sought restoration of electricity supply to their jhuggi and quashing of electricity bills amounting to Rs. 43,290. The petitioner claimed negligible electricity consumption and highlighted the impact of disconnection on their school-going children attending online classes.

Finding of the Court:

The court disposed of the petition by granting the petitioner a temporary pre-paid meter and allowing them to raise a grievance before the Consumer Grievance Redressal Forum with regard to the electricity bills. The petitioner was also directed to pay a sum of Rs. 12,000 towards the outstanding demand in three equal monthly installments.

Issues: Dispute over electricity bills, impact of disconnection on school-going children attending online classes, entitlement to free electricity under the scheme of Government of NCT of Delhi.

Ratio Decidendi: The court balanced the petitioner's need for electricity with the disputed bills by granting a temporary pre-paid meter and allowing them to raise a grievance before the Consumer Grievance Redressal Forum. The petitioner was also directed to pay a sum of Rs. 12,000 towards the outstanding demand in three equal monthly installments.

Final Decision: The petition was disposed of with the petitioner being granted a temporary pre-paid meter and allowed to raise a grievance before the Consumer Grievance Redressal Forum with regard to the electricity bills. The petitioner was also directed to pay a sum of Rs. 12,000 towards the outstanding demand in three equal monthly installments.

JUDGMENT

Sanjeev Sachdeva, J. - 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/-.

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.

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 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 pre-paid 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.

16. Order dasti under signatures of the Court Master.

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