IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 19.09.2023 Date of Hearing: 25.07.2024 Date of Decision: 04.02.2025 FIRST APPEAL NO.-489/2023 IN THE MATTER OF S.B.I. DHARAMSHALA DHARMARTH TRUST (REGD)

THROUGH ITS SECRETARY- VIR PRAKASH

169, STATE BANK COLONY, G.T. KARNAL ROAD DELHI-110009.

(Through: Dr. M.Y. Khan, Pankaj Jain, Samuel Mathew Advocates) …Appellant VERSUS TATA POWER DELHI DISTRIBUTION LIMITED (TPDDL)

THROUGH ITS CHIEF EXECUTIVE OFFICER HUDSON LANE, KINGSWAY CAMP DELHI – 110009.

(Through: Mr. Harish Kumar, AR)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Dr. M.Y. Khan, counsel for the appellant (Enrl.No.

D/339/1984 Email: mykhan678@yahoo.com, Mob: 9810761110).

Mr. Harish Kumar, Authorised Representative of the Respondent Email: customercare@tatapowerddl.com Mob: 9971707476).

PER : HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. ThefactsofthecaseaspertheDistrictCommissionrecordareasunder:

“1. In brief facts are that complainant is a religious Public Charitable Trust registered with Sub Registrar, Delhi on 21.09.1994 and maintaining a Dharamshala at State Bank Colony, G.T Karnal Road for public utitlity purposes. Shri Vir Parkash is one of the trustee and Secretary of the trust and is duly authorized to institute the present complaint. It is stated that complainant is registered consumer of electricityconnectionvideKNo.36105071556installedon 06.02.2006. It is further stated that earlier K No.31100140757X was installed but same was disconnected on 28.01.2006 on account of non-payment. Therefore new connection was applied and revised dues of Rs.75,780/- paid without prejudice on 01.02.2006 and Rs.370/- under compulsion. It is stated that in a very clandestine illegal and arbitrary manner TPDDL has disconnected the electricity connection on 23.03.2006 and a complaint vide complaint no.596516 dated 24.03.2006 was lodged but supply was not restored and another representation was given on 04.04.2006.

2. It is stated that this conduct also amounts to gross deficiency in service, unfair practice and harassment of complainant. It is stated that complainant earlier filed a complaint before this Forum on 07.04.2006, however OP took objection and stated that already a connection installed in the society, therefore, complainant is not entitled for new connection. It is stated that that a civil suit pending before complainant and OP3 V.S Gupta so called secretary having civil suit no. 274/04 in the court of Sh. Vinay Singhal and as per order of the Civil Court as on date the complainant is only entitled party in respect of matters relating to accounts of Dharamshala where complainant was granted new connection with K No. 36105071556. The complainant has withdrawn that complaint and filed present complaint. It is stated that so called society has already become defunct as per order no. 591 dated 28.03.1990 and winding up of society by office of the Deputy Registrar Co-op. Society, Delhi.

3. It is stated that all the details were verified by NDPL at the time of granting of new connection and also received the amount of Rs.75,780/- and Rs.370/-. It is stated that there are two claimants regarding the looking after works of the old employees housing society ltd and there is a dispute in between them so both secretaries of the society have been included. The complainant has no objection for restoration of old connection. Hence present complaint filed seeking the restoration and supply of electricity against K No.36105071556 installed at Trust Dharamshala at SBI colony, G.T Karnal Road, Delhi, payment of damages and compensation of Rs.50000 and cost of Rs 5000/-.

4. NDPL (hereinafter referred to as OP1) filed detailed WS. It is stated that complainant has not come with clean hands and suppressed the material facts that there already existed a connection bearing no.31100140757 at the time of applying of new connection, therefore, complai