IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 05.09.2011 Date of Hearing: 26.11.2025 Date of Decision: 09.01.2026 FIRST APPEAL NO.464/2011 IN THE MATTER OF BUSINESS MANAGER BSES YAMUNA POWER LTD.

BSES BHAWAN, SHAKTI KIRAN BUILDING, KARKARDOOMA, DELHI-110092 THROUGH ITS MANAGING DIRECTOR …APPELLANT (Through: Ms. Sanjana J. Bali, Advocate Mob: 9811214775)

VERSUS SH. ANIL KUMAR OLD ADDRESS R/O KH.NO.418, JALI NO.712, VILLAGE SABOLI, DELHI-110093 NEW ADDRESS R/O KH.NO.418, HOUSE NO. 712/40, GALI NO.20, PAL MOHALLA, NEAR KAUNA, VILLAGE SABOLI, DELHI-110093 ...RESPONDENT CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE PINKI, MEMBER (JUDICIAL)

Present: Mr Manish Kumar Srivastava, counsel for the appellant (Mob: 999061836 email: moksh@kdatt.in)

None for the respondent.

PER : HON’BLE PINKI, MEMBER (JUDICIAL)

JUDGMENT

1. By this judgement we shall dispose of the appeal filed by the Appellant against the impugned order dated 26.07.2011, passed by District Consumer Disputes Redressal Forum (North-East), Bunkar Vihar Complex, Nand Nagri, Delhi-110093, (hereinafter referred to as District Forum), in Complaint Case no.41/10 titled as ‘Anil Kumar vs. BSES Yamuna Power Ltd.’ inter-alia praying for setting aside the order passed by the District Forum.

2. While the Appellant was Opposite Party before the District Commission and the Respondent was Complainant before the District Forum.

3. The facts of the case as per the District Forum, record are as under:

“The complainant hold a connection No. 1260V5513866 for domestic use. A bill of Rs.24,441.59 was received and on enquiry it was told that misuse charges have been levied. It is alleged that he has applied for 1 KW connection for non-domestic use on 30/06/2009. An application No. 1200 0907 0420 was moved on 07/07/2009 and Rs.4500/- were deposited on 27/07/2009. A meter MCR No. N 1260 0907 009126 connection No. 1260V5514268 was installed on 29/07/2009. No show cause notice has ever been given before levying the misuse charges. He wanted to deposit an application for withdrawal of the misuse charges but he was told to first deposit Rs.34,120/-. It is also alleged that no service line was provided to the new connection and loop line was taken from the already existing domestic connection, for which the charges are only Rs.500/-. Prayer has been made to remove the misuse charges and refund of the extra amount charged on commercial connection No. 1260V5514268 apart from the, damages of Rs. 25,000/- and cost of litigation Rs.10,000/-.”

4. The District Commission after taking into consideration the material available on record passed the judgment dated 26.07.2011, whereby it held as follows:

“In Para 3 of the affidavit filed by the opposite party it is alleged that the domestic connection of the complainant was found to be used for the commercial purposes on inspection on 13/07/2009. It is also alleged that on the application of the complainant misuse charges have already been waived off on receiving the withdrawal application. In so far as the SLP charges are concerned it has been duly levied as per the DERC guidelines. The limited question which arises before us with regard to the domestic connection, which is admittedly installed at the premises of the complainant as to whether the BSES without providing reasonable opportunity under the Electricity Act have the authority to levy any charges by making assessment on the inspection report. Section 126 specifically laid down that the consumer has to be given the notice u/s 126 sub-clause (2) and objection have to be invited u/s 126 sub-clause (3) of the Electricity Act and thereafter only any assessment can be made or charges can be levied.

In the present case, documents have been filed from the side of the BSES showing that notice was issued to Sh. Anil Kumar through Speed Post No. ED GGG83G1041Non 28/07/2009. From the side of the complainant report from the Senior Post Master has been filed showing that it was ne