IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 07.03.2012 Date of Hearing: 07.02.2025 Date of Decision: 10.03.2025 FIRST APPEAL NO. -205/2012 IN THE MATTER OF BSES YAMUNA POWER LTD., Through its Managing Director, BSES Bhawan, Shakti Kiran Building, Karkardooma, Delhi -110092.

(Through: Mr. Manish Kumar Srivastava, Advocate)

…Appellant VERSUS MRS. ZARIN KHATOON, W/o Mr. Arshad Ali, A-6/25 G/F Kh. No. 241, Gali No. 3, Chauhan Banger Nr-Masjid, Delhi-110053.

…. Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MR J.P. AGRAWAL, MEMBER (GENERAL)

Present: Mr. Santosh Ramdurg, counsel for the Appellant.

None for the Respondent.

PER: HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT

JUDGMENT

1. The facts of the case as per the District Commission records are as under:

“….that the complainant is the wife of late Sh. Arshad Ali, registered consumer of connection No. 1250 V 2270249 (domestic) sanction load of 1 KW. The husband of the complainant applied for connection on 26/02/2009 and the meter was installed on 28/02/2009 and it was checked every month and the bill raised are being regularly paid. No previous bill is due against the complainant. On 14/09/10 there was no pending bill except the last bill of Rs.1460/-. On 05/11/2010 she received a bill of Rs.81, 530/- showing an arrear of Rs.78,324.77. No reason was given for inflated electricity bill. On approach to the office of the OP for revising the bill, no steps for correction taken up. The connection was disconnection on 14/03/2011. She is living without electricity. Under these circumstances prayer for restoration of the electricity supply and withdrawal of arrears amount to Rs. 78,324.77 and for removal of the LPSC charges has been prayed.

In the written statement filed by the department it has been alleged that dues of connection No. 1250 V 2270994 registered in the name of Fareed Ahmed, which was disconnected on 05/06/2008 due to pending dues amount of Rs. 76,862/- has been transferred to Connection No. 1250 V 2270249 registered in the name of Arshad Ali due to supply of live connection illegally, stealthily extended to the disconnected connection number noted above and as per Rule 49(ii) DERC Guideline, 2007 a final show cause notice was issued on 14/09/2009. It was observed by the inspecting team on 29/06/2009 that the electricity is supplied illegally through connection No. 1250 V 2270249 registered in the name of Arshad Ali and accordingly the pending dues were transferred after issuing the notice through speed post. Other allegations have been denied. It is also alleged that the complainant has never paid any payment. The payment made by Sh. Arshad Ali through cheque No. 818876 dated 15/12/2010 for an amount of Rs. 60,000/ - was not honored due to insufficiency of funds. The complainant has come up with false allegations and it should be dismissed in limine.”

2. The District Commission after taking into consideration the material available on record passed the order dated 02.02.2012 whereby it held as under:

“We have considered the submissions of both the parties and gone through the terms & conditions.

In the case taken up by the complainant it is no where disclosed how Smt. Zarin Khatoon is the registered consumer of connection No. 1250 V 2270249. The fact of death of Arshad Ali has not been pleaded. Even if it is to be taken into consideration that Smt. Zarin Khatoon is the occupier of the premises No. A-755, Gali No. 3, Chauhan Banger, Delhi - 53 then in that event the burden lies upon her to prove that the disputed bill raised by the respondent is not correct and no amount is due on this connection. The annexure filed with the complaint shows that this connection is in the name of Arshad Ali. As per the defense Fareed Ahmed was the connection holder of CRN No. 1250024921 new connection No. 1250 V 2270094 and arrears payable on 07/09/2010 has been shown as Rs. 76,86298. This arrear have been transferred from the connection