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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Syed Sajid Ali - Appellant
Versus
BSES Yamuna Power Ltd. - Respondent
W.P.(C) 11540 of 2021
Decided On : 12-10-2021




The court established that a consumer can obtain an electricity connection by clearing dues in structured instalments, balancing the need for service provision with financial responsibilities.

Headnote:(A) Electricity Act, 2003 - Sections relating to supply of electricity - Petitioner seeks connection post-clearance of arrears. Court directed payment of all dues in four instalments to facilitate connection. It was clarified that non-payment within stipulated time could lead to disconnection. (Paras 8, 10)

(B) Judicial Discretion - The court retains the authority to dispose of petitions in a manner accommodating both parties' needs. (Paras 8, 11)

Facts of the case:
The petitioner faces financial difficulty due to the pandemic and has outstanding dues of approximately Rs. 65,000. Respondent indicates a higher due of Rs. 80,000.

Findings of Court:
The court disposed of the petition, directing that the petitioner pay the identified outstanding dues in instalments to obtain electricity.

Issues: The primary issue was whether the petitioner could be granted an electricity connection while in arrears and how payment should be structured.

Ratio Decidendi: The court emphasized the necessity for the petitioner to clear dues in a reasonable manner to obtain essential services, noting the financial challenges presented.

Result: Petition disposed of with directions.

Table of Content
1. petitioner seeks electricity connection despite outstanding dues. (Para 2 , 3 , 4)
2. court orders structured payment and connection application process. (Para 5 , 8 , 9 , 10)
3. respondent asserts higher dues; petitioner agrees to payment plan. (Para 6 , 7)
4. final disposal of petition with order to parties. (Para 11 , 12)

JUDGMENT

Sanjeev Sachdeva, J. (ORAL)

CM APPL. 35601/2021 (exemption)

Exemption is allowed subject to all just exceptions.

W.P(C) 11540/2021 & CM APPL. 35600/2021

1. The hearing was conducted through video conferencing.

2. Petitioner seeks a direction to respondents to provide electricity connection at the premises of the petitioner being House No.2303, Gali Nal Bandan, Turkman, Daryaganj, Central Delhi-110002.

3. Learned counsel for the petitioner submits that because of financial difficulty faced by the petitioner due to Corona Pandemic, bills could not be cleared. He submits that as per his instructions about Rs. 65,000/- is due and payable.

4. Learned counsel for the petitioner further submits that petitioner is willing to pay the entire dues in four equal monthly instalments.

5. Issue notice. Notice is accepted by learned counsel appearing for respondent No.1 as also by counsel appearing for respondent No.2.

6. Learned counsel appearing for respondent No.1 submits that the due amount is yet to be ascertained. He submits that as per his prima facie instructions a sum of over Rs. 80,000/- is due and payable. He submits that petitioner may visit the office of Mr. Swaroop Mukuty, Business Manager, 33 KV Grid, Kamla Market, Daryaganj, Delhi, officer of respondent No.1 for the purposes of ascertaining the final bill amount.

7. Learned counsel for the petitioner submits that on due amount being ascertained, petitioner shall pay the said amount in four equal monthly instalments.

8. This petition is accordingly disposed of directing that the petitioner to pay the entire outstanding amount as may be indicated to the petitioner by the officer of respondent No.1 in four equal monthly instalments.

9. On petitioner paying the first instalment, petitioner shall also make an application for grant of a fresh connection, which application shall be processed expeditiously and preferably disposed of within a period of three working days and electricity provided, if in order.

10. It is, however, clarified that in case there is a default in payment of any of the instalments by a period more than 5 days, respondents would be at liberty to disconnect the electricity without recourse to this Court.

11. Petition is disposed of in the above terms.

12. Copy of the Order be uploaded on the High Court website and be also forwarded to learned counsels through email.

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