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IN THE HIGH COURT OF DELHI
Sanjeev Sachdeva, J.
Kaushalya - Appellant
Versus
Delhi Electricty Regulatory Commission - Respondent
W.P.(C) 14265 of 2021 & CM. Appl. 44952 of 2021
Decided On : 14-12-2021




Consumers have the right to dispute billing irregularities and seek restoration of services while fulfilling certain conditions, including payments in installments.

Headnote:(A) Electricity Act, 2003 - Section 42 - Consumer rights - Dispute over electricity billing and disconnection of supply - Petitioner, a jhuggi dweller, claimed negligible consumption and sought restoration of electricity supply and quashing of disputed bills totaling Rs.43,290/- - No meter reading was taken before disconnection - Court allowed petitioner to raise grievance before Consumer Grievance Redressal Forum (CGRF) and ordered temporary pre-paid connection upon payment of Rs.12,000/- in installments. (Paras 1-15)

(B) Procedure - Jurisdiction of CGRF and Petitioner's Rights - The petitioner has the right to seek resolution of billing disputes before the CGRF, under the jurisdiction provided to consumer under applicable regulations. (Paras 7, 11)

Facts of the case:
The petitioner is a jhuggi dweller who experienced disconnection and billing issues, claiming minimal prior consumption and facing challenges in online education for school-going children due to lack of electricity. (Paras 1-5)

Findings of Court:
The court directed that the petitioner could seek redress from CGRF while allowing restoration of supply through a pre-paid connection contingent on installment payments of disputed bills. (Paras 11-13)

Issues: The core issues included the legitimacy of the billing process, the disconnection of electricity, and the rights of the petitioner under consumer protection laws. (Paras 2, 8)

Ratio Decidendi: The court emphasized the need for balancing consumer rights with the provision of pre-paid connections as a means to ensure continued access to electricity while disputes are resolved. (Paras 8, 12)

Result: Petition disposed of as per terms stated.

Table of Content
1. restoration of electricity based on consumption claims. (Para 1 , 2 , 3 , 4 , 5)
2. court's order on temporary connection and payment terms. (Para 6 , 11 , 12 , 13 , 14)
3. billing disputes to be addressed through cgrf. (Para 7 , 8 , 9 , 10)
4. final disposition of the petition. (Para 15 , 16)

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--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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