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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Satish Kumar - Appellant
Versus
Govt. of NCT of Delhi - Respondent
W.P.(C) 1633 of 2021 & CM Appl. 9487 of 2021
Decided On : 14-01-2022
Disputes regarding inflated electricity bills must be resolved by the Consumer Grievances Redressal Forum, with interim protection against disconnection until the forum adjudicates.
Headnote:(A) Electricity Act, 2003 - Consumer Grievance Redressal - Petitioner's request to prevent disconnection of electricity supply and rectify a disputed bill - The court directed the petitioner to approach the Consumer Grievances Redressal Forum for resolution. (Paras 2, 5, 6)
(B) Consumer Rights and Dispute Resolution - The merits of the bill and its computation are to be addressed within the domain of the Consumer Grievances Redressal Forum, and the court emphasized that it has not commented on the merits of either party’s claims. (Paras 7, 9)
Facts of the case:
The petitioner, a small establishment, contested an electricity bill amounting to Rs.17,64,520/- and had paid Rs.3,78,485/- towards this disputed bill.
Findings of Court:
The petition was disposed of, instructing the petitioner to file a petition to the Consumer Grievances Redressal Forum within four weeks, with assurances against further coercive action pending that filing.
Issues: The key issues were the legitimacy of the inflated electricity bill and the appropriate avenue for the resolution of such disputes.
Ratio Decidendi: The court ruled that resolution of billing disputes falls under the purview of the Consumer Grievances Redressal Forum, and that existing protection against bill disconnection is contingent upon the forum's decision.
Result: Petition disposed of.
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. The hearing was conducted through video conferencing.
2. Petitioner seeks a direction not to disconnect the electricity supply of the petitioner being supplied by CA No.100140195 and further seeks rectification of electricity bill of Rs.17,64,520/-.
3. Learned counsel appearing for the petitioner submits that petitioner is a small establishment and highly inflated bills have been raised. He submits that after the filing of the petition approximately a sum of Rs.3,78,485/- has been paid towards the disputed bill.
4. Respondents have sought to justify the bill in their counter affidavit.
5. It is observed that the dispute pertains to the merits of the bill and the computation which would be within the domain of the Consumer Grievances Redressal Forum.
6. Accordingly, this petition is disposed of with a direction to the petitioner to approach the Consumer Grievances Redressal Forum and file an petition within a period of four weeks from today with the said forum.
7. Subject to petitioner filing the petition before the CGRF within a period of four weeks, no further coercive action shall be taken against the petitioner till the petition is taken up by the CGRF for consideration.
8. It is clarified that the protection granted to the petitioner shall cease on the petition being taken by the CGRF and continuance of protection thereafter would be subject to orders to be passed by CGRF, if any.
9. It is clarified that this Court has neither considered nor commented upon the merits of the contention of either party and CGRF would be at liberty to dispose of the petition in accordance with law without being influenced by anything stated herein.
10. Copy of the order be uploaded on the High Court website and be also forwarded to learned counsels through email by the Court Master.
